Any plan that has received a waiver from the annual limits requirements from the Department of Health and Human Services (HHS) under section 2711 of the Public Health Services Act is required to advise HHS that it wants to extend its waiver for the 2013 plan year. Plan sponsors should provide HHS with their update by December 31, 2012.

A plan sponsor must also provide an annual notice to its eligible participants and subscribers if its plan or policy does not meet the minimum annual limits for essential benefits and has received a waiver of the requirement. This notice must be sent after the beginning of the plan year, or after January 1, 2013 for calendar-year plans.