Multi-Employer Plans: Approved Applications for Waiver of the Annual Limits Requirements
January 6, 2012
These plans are multi-employer group health plans created by a collective bargaining agreement between a union and employers, under the Taft
Hartley Act. This type of fund is made up of contributions from both the employers and employees. The size of the fund and contribution levels are
negotiated and vary among plans. They tend to be larger than other typical group health plans because they cover multiple employers. Both the union
and the employer are trustees or managers of the fund. The fund is used for the employees’ health coverage.
On September 3, 2010 the Centers for Medicare & Medicaid Services (CMS) announced the initial waiver process, allowing plans to receive a one
year waiver for plan or policy years with a start date between September 23, 2010 and September 23, 2011.
On June 17, 2011, the Centers for Medicare & Medicaid Services (CMS) issued subsequent guidance to conclude the annual limits waiver process.
This guidance allowed plans that received one year waivers to extend those waivers through 2013, contingent on applicants submitting annual
information about their plan and complying with requirements to ensure that their enrollees understand the limits of their coverage. The June 17,
2011 guidance also allowed any plans that had not yet applied for a waiver under the initial waiver policy to apply for one, good through 2013. All
applications were due September 22, 2011.
The June 17, 2011 guidance leaves three categories of plans that applied for and received waivers:
1. Plans that received a one year waiver under the initial policy that also received an extension under the June 17, 2011 policy.
2. Plans that received a one year waiver under the initial policy that did not apply for an extension under the June 17, 2011 policy.
3. Plans that did not apply for a one year waiver under the initial policy but did apply for, and receive one, good through 2013, under the June
17, 2011 policy.
To capture these three categories, the list below is separated into two sections.
Section A includes every plan that received a one year waiver under the initial policy. Plans without an asterisk applied for, and received, an
extension (category 1 from above). Plans with an asterisk did not apply for an extension (category 2 from above).
Section B lists plans that did not apply for a one year waiver under the initial policy but did apply for, and received, a waiver good through 2013.
(category 3 from above).