Federal Register Announcement

On August 26, 2010, the Departments of Treasury, Labor, and Health and Human Services published in the Federal Register an announcement of the availability of EBSA Technical Release No. 2010-01 providing an interim enforcement safe harbor for non-grandfathered self-insured group health plans not subject to a state external review process and, therefore, subject to the federal external review process. The interim enforcement safe harbor applies for plan years beginning on or after September 23, 2010 and continues until superseded by future guidance or rules. During the applicable period, the Department of Labor and IRS will not take any enforcement action against a self-insured group health plan that complies with the safe harbor.