In 2013, the Department of Health & Human Services (“HHS”) announced a transitional policy that allowed insurers to renew non-grandfathered health insurance plans in the individual and small markets that did not comply with certain ACA mandates. This transitional relief is only available for individual and small market plans that were in existence on October 1, 2013. These plans, often referred to as “Grandmotherd”, are excepted from compliance with several provisions of the Public Health Services Act. HHS left it up to the states to adopt the transitional policy. Ohio adopted the policy, but many states did not give insurers the option to renew these non-ACA compliant plans.
In 2014, HHS extended the transitional policy for plans that renewed on or before October 1, 2016. Ohio followed suit for a second time and adopted the extended transitional policy for both individual and small market plans. On February 29, 2016, HHS issued a final extension through December 31, 2017. On April 18, 2016, Ohio has now adopted the final extension for both individual and small market plans. After the expiration of this most recent extension on January 1, 2018, health insurance plans in the individual and small group markets must be ACA compliant.