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EBSA plays hokey pokey with proposed PPACA rule

You put your proposed rule in, you take your proposed rule out, you put your proposed rule in and you shake it all about … In case you missed it, the Department of Labor's Employee Benefits Security Administration on Friday announced it will withdraw its proposed rule on the ERISA definition of a welfare benefit plan.

The definition, slated to be sent to the Office of Management and Budget for review before the Patient Protection and Affordable Care Act goes into effect.

The proposed regulation was intended to address issues relating to state health care efforts and their effect on the maintenance of ERISA-covered welfare plans.

According to a DOL statement, “With the enactment of the Patient Protection and Affordable Care Act, the department has decided to review whether and to what extent further regulation in this area is necessary or appropriate in light of a national health care reform program.

The department will be requesting OMB to return the proposed regulation to the department for further review and consideration.”

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