Reopener as Result of the ACA Clause Samples
A "Reopener as Result of the ACA" clause allows parties to revisit and potentially renegotiate certain terms of their agreement if changes occur due to the Affordable Care Act (ACA). For example, if the ACA introduces new regulations or requirements that significantly impact the costs or obligations under the contract, this clause enables the affected parties to discuss adjustments to pricing, coverage, or other relevant provisions. Its core practical function is to provide flexibility and ensure fairness by allowing contracts to adapt to significant legal or regulatory changes brought about by the ACA, thereby managing unforeseen risks and maintaining the agreement's viability.
Reopener as Result of the ACA. The County may reopen negotiations on this Article and other provisions in this MOU (e.g., Optional Benefits program in Article VI, Section 3, Flexible Spending Accounts in Article VIII), for the purpose of addressing issues resulting from the implementation of the Patient Protection and Affordable Care Act (ACA), including, but not limited to, the potential impact of the Excise Tax (commonly known as the “Cadillac Tax”) on high cost employer-sponsored health coverage. Federal administrative agencies have not yet issued definitive guidance regarding the Excise Tax which is expected to begin in 2018. The parties acknowledge that some of the benefits provided in the MOU may be included in the coverage to which the Excise Tax liability may apply. As a result, the issues that likely need to be addressed are: which health group plan coverages must be taken into consideration for purposes of this tax, how to calculate this tax, and what steps, if any, can be taken to avoid payment of the Excise Tax (eg., modification of benefits).Notwithstanding the above, the County may not reopen negotiations on these issues unless the issues have first been discussed as part of a Working Group. The County will not be responsible for the payment of any Excise Tax on health coverage from unit members’ enrollment in County-sponsored health plans.
Reopener as Result of the ACA. The County may reopen negotiations on this Article and other provisions in this MOU (e.g., Optional Benefits program in Article VI, Section 3, Flexible Spending Accounts in Article VIII), for the purpose of addressing issues related to the Affordable Care Act (ACA), or other Federal legislation/regulation which impacts the County’s ability to provide Benefits under this MOU.
Reopener as Result of the ACA. The Both the County and OCAA may reopen negotiations on this Article and other provisions in this MOU (eg., Optional Benefits program in Article VIII, Section 4, Flexible Spending Accounts in Article XXIV), for the purpose of addressing issues resulting from the implementation of the Patient Protection and Affordable Care Act (ACA), including but not limited to, the potential impact of the Excise Tax (commonly known as the “Cadillac Tax”) on high cost employer-sponsored health coverage. Federal administrative agencies have not yet issued definitive guidance regarding the Excise Tax which is expected to begin in 20182022. The parties acknowledge that some of the benefits provided in the MOU may be included in the coverage to which the Excise Tax liability may apply. As a result, the issues that likely need to be addressed are: which health group plan coverages must be taken into consideration for purposes of this tax, how to calculate this tax, and what steps, if any, can be taken to avoid payment of the Excise Tax (e.g., modification of benefits).
Reopener as Result of the ACA. The County may reopen negotiations on this Article and other provisions in this MOU (eg., Optional Benefits program in Article VI, Section 3, Flexible Spending Accounts in Article VIII), for the purpose of addressing issues resulting from the implementation of the Patient Protection and Affordable Care Act (ACA), including, but not limited to, the potential impact of the Excise Tax (commonly known as the “Cadillac Tax”) on high cost employer-sponsored health coverage. Federal administrative agencies have not yet issued definitive guidance regarding the Excise Tax which is expected to begin in 2018. The parties acknowledge that some of the benefits provided in the MOU may be included in the coverage to which the Excise Tax liability may apply. As a result, the issues that likely need to be addressed are: which health group plan coverages must be taken into consideration for purposes of this tax, how to calculate this tax, and what steps, if any, can be taken to avoid payment of the Excise Tax (eg., modification of benefits).