Nondiscrimination and Health Care Reform

The Internal Revenue Service (IRS) has issued Notice 2011-1, which delays the requirement 

under the Affordable Care Act (ACA) that non-grandfathered fully insured group health plans 

comply with the requirements of Internal Revenue Code Section 105(h)(2)—currently applicable 

to self-insured plans—which prohibits discrimination in favor of highly compensated individuals.

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