From: Andrews, Jane (HHS/OCIIO) Sent: Friday, October 08, 2010 10:49 AM To: Gary, Lapreea (HHS/OCIIO) Cc:

Botwinick, Alexandra (HHS/OCIIO) Subject: FW: Ruby Tuesday Day One Plan Waiver Follow Up Flag: Follow up Flag Status: Red Attachments: Day One Plan Waiver Application - Ruby Tuesday, Inc..pdf; Ruby TuesdayDay One Medical_Summary Plan Description 2010 (2).pdf; 2011 Attestation Form - Day One Medical Plan, Signed copy.pdf

FYI- this needs quick attention. Thanks.

Jim, I would like to thank you again for the outreach call regarding the waiver program. I am very pleased that attention is being given to providing a means for health coverage for the part time and lower paid worker during this transition period. Attached is a copy of our submission that was sent via mail to your attention at the Office of Consumer Information and Insurance Oversight as instructed in the bulletin. We have two limited plans. The limited plan insured by CIGNA has already received a waiver. The plan attached is self insured and a step up in benefit design from the CIGNA plan. I know you are probably inundated with information and contacts from insurance companies and lobbying groups, but if there is a situation where you could use an employer opinion or input, I would be more than happy to participate. At Ruby Tuesday, it has been our initiative to provide access to medical care for the largest number of our employees that we can. We are one of the few restaurant companies that offer a plan to all employees regardless of the number of hours that they
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file:///T|/.../DFOI%20Processing%20Team/Mike/Ruby%20Tuesday's/FW%20Ruby%20Tuesday%20Day%20One%20Plan%20Waiver.htm[11/07/2011 12:25:59 PM]

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From: Belinda Kitts [mailto:BKitts@rubytuesday.com] Sent: Friday, October 08, 2010 10:34 AM To: Mayhew, James A. (CMS/CPC) Subject: Ruby Tuesday Day One Plan Waiver

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From: Mayhew, James A. (CMS/CPC) Sent: Friday, October 08, 2010 10:35 AM To: Andrews, Jane (HHS/OCIIO); Pham, Erica (HHS/OCIIO) Subject: FW: Ruby Tuesday Day One Plan Waiver

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INFORMATION NOT RELEASABLE TO THE PUBLIC UNLESS AUTHORIZED BY LAW: This information has not been publicly disclosed and may be privileged and confidential. It is for internal government use only and must not be disseminated, distributed, or copied to persons not authorized to receive the information. Unauthorized disclosure may result in prosecution to the full extent of the law.

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Lapreea please enter this one in. I will begin a review from what they submitted. Tnx. Jane W. Andrews OCIIO 7501 Wisconsin Ave Bethesda, MD 20814 301-492-4122 (desk) 202-536-6779 (Blackberry)

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work or their length of service to the company. Additionally, we are one of the few companies that share in the premium contribution to limited plans with our employees to help make the plans more affordable. Your attention and support of this program is greatly appreciated. Belinda Kitts, CEBS, SPHR, CMS
Vice President Human Resources Ruby Tuesday, Inc. 150 West Church Avenue Maryville, TN 37801

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file:///T|/.../DFOI%20Processing%20Team/Mike/Ruby%20Tuesday's/FW%20Ruby%20Tuesday%20Day%20One%20Plan%20Waiver.htm[11/07/2011 12:25:59 PM]

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Confidentiality Notice : The information contained in this transmittal may be Attorney-Client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited.

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(P) 865.379.5654 (F) 865.379.6802 (C) 865.405.8915 bkitts@rubytuesday.com

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Pages 9 through 76 redacted for the following reasons: ---------------------------Exemption 4

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file:///T|/...%20Torres/DFOI%20Processing%20Team/Mike/Ruby%20Tuesday's/Request%20for%20Additional%20Info%2010-8-2010.htm[11/07/2011 12:26:01 PM]

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INFORMATION NOT RELEASABLE TO THE PUBLIC UNLESS AUTHORIZED BY LAW: This information has not been publicly disclosed and may be privileged and confidential. It is for internal government use only and must not be disseminated, distributed, or copied to persons not authorized to receive the information. Unauthorized disclosure may result in prosecution to the full extent of the law.

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We are in receipt of your application for an annual limit waiver. Can you please confirm that the effective date for your plan is July 1, 2011? Thanks. Jane W. Andrews OCIIO 7501 Wisconsin Ave Bethesda, MD 20814 301-492-4122 (desk) 202-536-6779 (Blackberry)

From: Andrews, Jane (HHS/OCIIO) Sent: Friday, October 08, 2010 3:02 PM To: 'bkitts@rubytuesday.com' Cc: Botwinick, Alexandra (HHS/OCIIO) Subject: Your application for annual limits waiver

From: Botwinick, Alexandra (HHS/OCIIO) Sent: Thursday, October 14, 2010 11:17 AM To: 'BKitts@rubytuesday.com' Subject: Waiver Approval Letter Attachments: Updated Jan 1 Approval Letter .pdf Good Morning,

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Alexandra Botwinick Office of Oversight HHS/OCIIO

alexandra.botwinick@hhs.gov

file:///T|/...s%20-%20Torres/DFOI%20Processing%20Team/Mike/Ruby%20Tuesday's/Waiver%20Approval%20Letter%2010-14-2010.htm[11/07/2011 12:26:01 PM]

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Thank you for submitting an application for a Waiver of the Annual Limits Requirements of the PHS Act Section for Ruby Tuesday. HHS has reviewed your application and made its determination. Please see the attached letter. Please confirm receipt of this letter by replying to this e-mail with a copy to OCIIOOversight@hhs.gov. Please let me know if I can be of further assistance. Sincerely,

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From: Belinda Kitts [BKitts@rubytuesday.com] Sent: Thursday, October 14, 2010 11:21 AM To: Botwinick, Alexandra (HHS/OCIIO) Cc: OCIIO Oversight Subject: Re: Waiver Approval Letter
This is to confirm receipt of the waiver. Thank You

Belinda Kitts Vice President Human Resources Ruby Tuesday, Inc.

From: Botwinick, Alexandra (HHS/OCIIO) [mailto:Alexandra.Botwinick@hhs.gov] Sent: Thursday, October 14, 2010 11:17 AM To: Belinda Kitts Subject : Waiver Approval Letter

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Alexandra Botwinick Office of Oversight HHS/OCIIO

alexandra.botwinick@hhs.gov

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Thank you for submitting an application for a Waiver of the Annual Limits Requirements of the PHS Act Section for Ruby Tuesday. HHS has reviewed your application and made its determination. Please see the attached letter. Please confirm receipt of this letter by replying to this e-mail with a copy to OCIIOOversight@hhs.gov. Please let me know if I can be of further assistance. Sincerely,

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Good Morning,

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