It appears that insurers can elect to pay the rebate in cash, or use it to reduce future premiums.
Ah, another wrinkle.
That is going to be fun.
Ann, this is certainly a well researched epistle you have written. Are you planning on distributing this, or something similar, to your clients?
If so, do you think you might be thought of as practicing law (presumably without a license)?
No way in hell I would ever send anything like this to clients. Having worked in ERISA plans for several years, as a close friend said of the party in interest provisions, if you were invited to the party you are a party in interest.
This is an issue created by HHS.
I stick with my original comment.
They created this mess, let them deal with it.