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LEGAL PROCESSING DIVISION ir 0_|\Z4(9-10
PUBLICATION & REGULATIONS (EC \I8
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AUG 6 2N19

As of: August 06, 2010

PUBLIC prosecute
Posted: August 06, 2010
SUBMISSION comments Due: August 16, 2010

Submission Type: Web

Docket: IRS-2010-0010
Group Health Plans and Health Insurance Coverage Rules Relating to Status as a Grandfathered
Health Plan Under the Patient Protection and Afforable Care Act

Comment On: IRS-2010-0010-0001
Group Health Plans and Health Insurance Coverage: Interim Final Rules for Relating to Status as
a Grandfathered Health Plan under the Patient Protection and Affordable Care Act

Document: IRS-2010-0010-0040
Comment on FR Doc # 2010-14488

Submitter Information

Name: Mary Ellen Brennan
Address:
Fairfax, VA,
Email: mbrennan@aiha.org
Submitter's Representative: Mary Ellen Brennan
Organization: American Industrial Hygiene Association

General Comment

See attached file(s)

Attachments

IRS-2010-0010-0040.1: Comment on FR Doc # 2010-14488

https://fdms.erulemaking.net/fdms-web-agency/component/submitterInfoCoverPage?Call=P... 8/6/2010


Y AIHA

Protecting Worker Health

August 5, 2010

Mr. Jay Angoff, Director

Office of Consumer Information and Insurance Oversight
Department of Health and Human Services

Room 445-G Hubert H. Humphrey Building

200 Independence Avenue, S.W.

Washington, DC 20201

Re: OCHO-991-IFC, The Interim Final Rules for Group Health Plans and Health
Insurance Coverage Relating to Status as a Grandfathered Health Plan Under the Patient
Protection and Affordable Care Act

Dear Director Angoff:

On behalf of the American Industrial Hygiene Association (“AIHA”), I appreciate the opportunity to
comment on the Interim Final Rules regarding grandfathered health plans under the Patient Protection
and Affordable Care Act. AIHA is a section 501(c)(6) non-profit professional society with just under 50
employees representing nearly 11,000 members in the field of worker health and safety.

Despite the obstacles to obtaining good, affordable health insurance coverage that confront small
businesses in general, AIHA has been able to provide health insurance as a benefit to its employees,
The ability to obtain, consider and implement competitive bids among insurance carriers and to adjust
copays and cost sharing to keep premium increases at a minimum have been essential to our strategy for
providing a health insurance benefit to employees. However, given that AIHA is in the small to medium
company insurance market and is not a large enough entity to self-insure, we are at the mercy of the
market with few options to control the cost of health insurance, at least until the availability of heatth
insurance exchanges in 2014, if we want to maintain our grandfathered status. We fear that we can
expect to continue to experience annual cost increases in the interim years, While we would like to
grandfather our plan in order to be able to better contro! the quality of benefits that we offer to our staff,
that may come at a very high, if not unaffordable, price for the organization if we cannot change
insurance companies or change copays and cost sharing.

We are very concerned that the grandfather provisions outlined in the Interim Final Rules are too
restrictive and will cause ATHA to lose the grandfathering status it would like to maintain for its staff.
Anticipated increases in cost will force us to consider changing insurance companies or even dropping
coverage, which is not the intent of the health care reform legislation. While there are subsidies
available to small employers, these are not available to AIHA due to having more than 25 employees.

Aree Lote

* 2700 Prosperity Ave., Suite 250, Fairfax, VA 22031 USA. «.:. +1 703-849-8888 Jax +1 703-207-3561


We suggest that in the transition period from 2010 to 2014 small and medium sized employers be
allowed to make cost saving changes to copayments and cost sharing provided that they do not reduce
the per-employee amount they pay for insurance. We also suggest that such employers be allowed to
change insurance carriers prior to 2014 while maintaining grandfathered status.

Thank you for the opportunity to express our views on this important issue,
Sincerely,

Ala fo

Mary Ellen Brennan, SPHR.
Director, Human Resources

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igene Asoiaton 2700 Prosperity Ave., Suite 250, Fairfax, VA 22031 USA sain +1 703-849. -8888 fur +1 703-207-3561