FAQs Provide Guidance About ERRP Record Keeping And Disposal

New common questions about record keeping and record disposal have been added to the miscellaneous common questions section of www.errp.gov.

The Patient Protection and Affordable Care Act (ACA) established the Early Retiree Reinsurance Program (ERRP), a temporary reinsurance program, to reimburse part of the claims costs for participating employment-based plans that provide health insurance coverage for early retirees ages 55 through 64, and their eligible spouses, surviving spouses, and dependents. Although the program had a sunset date of Jan. 1, 2014, recordkeeping requirements did not end on that date.

Definition of records. The new common questions provide that Sec. 149.350 of the Health and Human Services (HHS) regulation states the records that must be maintained are “all documentation, data, and other information related to this part” (i.e. all documentation, data, and other information related to the regulation, and any other records specified by the HHS Secretary). Some examples of records that should be maintained include:

• anti-fraud procedures,

• source claims (including adjustment claims),

• price concession documentation (e.g. rebate checks, and allocation method),

• plan enrollment documents,

• maintenance of contribution methods and documentation,

• early retiree lists,

• early retiree response files, and

• claim lists and claim list response files.

Note that this list is not all inclusive.

Record keeper. The common questions state that as long as records can be produced upon request, and all HIPAA privacy provisions are complied with either the plan sponsor or the data aggregator, insurer or third party administrator may keep the records.

Record disposal. In addition, records may be disposed of six years after the expiration of the plan year in which the costs were incurred or upon a later date if the records must be maintained for a longer time period otherwise required by law. All records must be disposed of according to HIPAA requirements.

For more information, visit http://www.errp.gov/faq_misc.shtml.

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