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In response to "Because the policy didn't exist before 2010. -- nm" by Inigo

we're talking about plans, not policies. I think you may be confusing the two, though I'm by no means an expert

to my layman's understanding, a policy is the one year contract for coverage, a plan is the ongoing offering of policies. the plan is what gets grandfathered, so the fact that the policy needs to be reissued every year doesn't impact whether it can be offered again, provided the plan isn't discontinued.

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