60 Day Advanced Notice Requirement

[Miner88]

In section 2715 of the Affordable Care Act it talks about the new uniform benefits summary and says that guidance about the new format will be out by March 23, 2011 and the new format must begin being used no later than March 23, 2012. Within section 2715 there is also a provision that requires plans to provide 60-days advanced notice of material modifications to plan participants. Section 2715 falls under the general effective date of the first plan year beginning on or after September 23, 2010.

If a calendar year plan is going to make changes effective January 1, 2011, does the 60-day advance notice provision apply?

Here are my choices:

A. No, because the 60-day provision isn't effective until March 23, 2012 when the new uniform benefits summary provisions apply

B. No, because the 60-day provision isn't effective until January 1, 2011, so the duty to provide advanced notice doesn't arise until that date (and therefore would be impossible for changes implemented 1/1/2011)

C. Yes, because the changes will be effective January 1, 2011

What are your thoughts??

[Chaz]

Pending other guidance:

B.