HRAs in effect prior to Sept. 23, 2010, as a class, are exempt from applying individually for an annual limit waiver for plan years beginning on or after Sept. 23, 2010 but before Jan. 1, 2014, according to guidance issued Aug. 19. The exemption was granted because HRAs set limits on the amount that can be spent, and the HHS Center for Consumer Information and Insurance Oversight (CCIIO) believes those limits would always be less than the applicable restricted annual limit amounts.
However, an HRA that is exempt from applying for an annual limit waiver still must comply with the record retention requirement and the Annual Notice requirement to participants and subscribers, which were established in the supplemental guidance issued June 17, 2011. CCIIO is drafting alternate Annual Notice language for HRAs that have not yet issued their Annual Notice.
Click here for the supplemental guidance.
Click here for the technical instructions.
Click here for the updated fact sheet.
