U.S. Department of Health and Human Services Now Accepting Applications for the Early Retiree Reinsurance Program

30 June 2010 Publication
Authors: Samuel F. Hoffman Belinda S. Morgan Leigh C. Riley

Legal News Alert: Employee Benefits

On Tuesday, June 29, 2010, the U.S. Department of Health and Human Services (HHS) began accepting applications for the Early Retiree Reinsurance Program (the Program). The official application for the Program can be found on HHS’ Office of Consumer Information and Insurance Oversight Web site.

As discussed in prior alerts, “PPACA Early Retiree Reinsurance Program to Start June 1, 2010” (http://tinyurl.com/2bx5yop) and “HHS Issues Draft Application, FAQs for Early Retiree Reinsurance Program” (http://tinyurl.com/239epg7), the Program was created by the Patient Protection and Affordable Care Act. It sets aside $5 billion to reimburse participating plan sponsors for a portion of the costs they incur in providing health care benefits to early retirees (i.e., retirees who are age 55 or older, but who are not yet eligible for Medicare) and to the eligible spouses, surviving spouses, and dependents of such retirees. HHS will reimburse plan sponsors selected to participate in the Program with respect to medical claims dating back to June 1, 2010.

Like the draft application previously provided by HHS, the official Program application requests detailed information about the plan sponsor and the benefit plans under which reimbursement will be requested. HHS estimates that it will take applicants approximately 35 hours to gather the information necessary to complete the application. Applicants should submit the completed and signed application, along with any attachments, in hard copy to:

HHS ERRP Application Center
4700 Corridor Place, Suite D
Beltsville, MD 20705

As noted previously, HHS will consider applications for participation in the Program in the order in which they are received. Because funds for the Program are limited and are expected to run out prior to the Program’s scheduled ending date (January 1, 2014), interested plans sponsors should submit their applications to HHS as soon as possible.


Legal News Alert is part of our ongoing commitment to providing up-to-the-minute information about pressing concerns or industry issues affecting our clients and colleagues.

If you have any questions about this alert or would like to discuss the topic further, please contact your Foley attorney or the following individuals:

Samuel F. Hoffman
San Diego, California

Belinda S. Morgan
Chicago, Illinois

Leigh C. Riley
Milwaukee, Wisconsin


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