A large fully insured group health plan providing mental health and addiction benefits renews its contract on October 1st each year. Its benefit year which tracks deductions and out of pocket maxima and the calendar plan year coincide.

Is the compliance date January 1, 2010 or October 1, 2010 or ????????????????????

P.S. Most employee benefits attorneys and consultants as well as EBSA associates have no clue that this issue even exists!!!!!!!!!!!!!!!!!

P.P.S. Please provide citations acknowledging the regulations due out by October 3, 2009 don't exist even in proposed form

Everything I've read states that it is effective for Plan Years beginning on or after October 3, 2009.

Our Plan Year runs from Oct. 1 thru Sept. 30. Our deductibles and out-of-pocket run on a calendar year basis. We do not have to comply with MHPAEA or Michelle's Law until Oct. 1, 2010.

We have several of the same scenarios. I originally thought it would be the benefit plan year (calendar year) since that is the the deductible, co-insurance, oop, etc. plan year, but the plan documents state the plan year is the stop loss contract year. I have searched for an answer and can't find anything definitive.