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KEG-|203 SEP 1 2010

LEGAL PROCESSING DIVISION
PUBLICATION & REGULATIONS
BRANCH

As of: September 01, 2010
Received: August 27, 2010

PU B LIC Status: Posted

Posted: September 01, 2010

SU B M ISSIO N Tracking No. 80b3d002
Comments Due: August 27, 2010)

Submission Type: Web

Docket: IRS-2010-0015
Requirements for Group Health Plans and Health Insurance Issuers under the Patient Protection
and Affordable Care Act

Comment On: IRS-2010-0015-0002
Patient Protection and Affordable Care Act: Preexisting Condition Exclusions, Lifetime and Annual
Limits, Rescissions, and PatientProtections

Document: IRS-2010-0015-0021
Comment on FR Doc # 2010-15278

Submitter Information

Name: Belinda Kitts
Address:
150 W. Church Ave.
Maryville, TN,
Organization: Ruby Tuesday, Inc

General Comment

See attached file(s)

Attachments

IRS-2010-0015-0021.1: Comment on FR Doc # 2010-15278

https://fdms.erulemaking.net/fdms-web-agency/component/submitterInfoCoverPage?Call=P... 9/1/2010


RubyTuesday

150 WEST CHURCH AVENUE
MARYVILLE, TENNESSEE 37801
P 865-379-5700

August 27, 2010 RUBYTUESDAY.COM

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

Room 445-G, Hubert H. Humphrey Building

200 Independence Avenue, sw

Washington, DC 20201

Dear Sir/Madam,

I am writing on behalf of Ruby Tuesday, Inc., a company with approximately 900 restaurants
across America in 47 states employing over 46,000 people.

As is common in our industry, our employee population consists of a large number of part-time
employees that rely on tips for a large portion of their income. Additionally, the turnover rate for
this group of employees generally runs 100% or more. Ruby Tuesday currently utilizes limited
benefit plans for this group of employees so they have some form of access to medical care.

Based on proposed changes, as of January 1, 2011, these workers would lose their current
coverage and not be able to take advantage of federal subsidies found in the Exchanges or have
guaranteed issuance of coverage in the individual market until 2014. We have approximately
10,000 employees and their dependents enrolled in these types of plans, Therefore, we feel it is
important to be able to continue offering limited plans for this group of employees until other
options are available to them.

Obviously, we would be interested in taking advantage of the waiver program via the Health and
Human Services Department. However, we are running out of time for this to be a feasible
alternative. Typically, the annual open enrollment for the upcoming year is conducted in October
and November with changes taking effect in January 2011. Communication packages for the
open enrollment are drafted and printed in September and October. Open enrollment is when we
would provide communication to employees regarding upcoming benefit changes for the next
year. As the waiver does not seem to be guaranteed and the process is unspecified, we as a
company are concemed. We would need the waiver response by HHS to be immediate so we can
notify employees of their options for Jan 1, 2011, OR advise them to make alternative plans for
individual policies outside of employment.

Thank you for giving us the opportunity to share our concerns on the Regulations.

Sincerely,

Belinda Kitts

Vice President, Human Resources
Ruby Tuesday, Inc.
865-379-5654