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Document obtained by CompleteColorado.com

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Document obtained by CompleteColorado.com

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Document obtained by CompleteColorado.com

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Document obtained by CompleteColorado.com

Page 5 redacted for the following reason: --------------------Exemption 4

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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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Mr. Gogna, Mr. Ford and Mr. Nielson: I am in receipt of your application for an annual limit waiver for the retiree plan of the Central States, Southeast and Southwest Areas health and Welfare Fun note on page two of your letter that The Trustees of the Plan believe that the Plan is a group health plan covering less than Ex. 4 participants who are current employe nder 732(a) of the Employee Retirement Income Security Act of 1974 We would agree that if the plan has fewer than Ex. 4 participants then the annual limit requirement provisions of the Affordable Care Act would not apply to this plan. Please confirm that it is the case that your plan is retiree-only, with fewer than two participants who are current employees. Thank you. Jane W. Andrews OCIIO 7501 Wisconsin Ave Bethesda, MD 20814 301-492-4122 (desk) 202-536-6779 (Blackberry)

From: Andrews, Jane (HHS/OCIIO) Sent: Monday, November 15, 2010 7:31 PM To: 'Gogna, Anubhav (AGogna@groom.com)'; 'mcn@groom.com'; 'gmf@groom.com' Cc: Mayhew, James A. (CMS/CPC); Habit, Sandra (HHS/OCIIO); Pham, Erica (HHS/OCIIO) Subject: Your request for an annual limit waiver for Retiree Plan of the Central States, Southeast, and Southwest Areas heatlh and welfare Fund

Document obtained by CompleteColorado.com

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file:///C|/...%20&%20Southwest%20Areas%20Health%20&%20Welfare%20Fund/Request%20for%20additional%20info%2011.15.10.htm[08/17/2011 12:37:42 PM]

From: Ford, Gary (gmf@groom.com) [GFord@groom.com] Sent: Tuesday, November 16, 2010 3:47 PM To: Andrews, Jane (HHS/OCIIO); Gogna, Anubhav (AGogna@groom.com); Nielsen, Mark (mcn@groom.com) Cc: Mayhew, James A. (CMS/CPC); Habit, Sandra (HHS/OCIIO); Pham, Erica (HHS/OCIIO) Subject: RE: Your request for an annual limit waiver for Retiree Plan of the Central States, Southeast, and Southwest Areas heatlh and welfare Fund
Dear Ms. Andrews, Thank you for your note. We will confer with our client and be back to you shortly. Best, Gary

Document obtained by CompleteColorado.com

Gary M. Ford / 1701 Pennsylvania Ave., N.W. / Washington, DC 20006 / Phone: 202-861-6627 / Fax: 202-659-4503 / www.Groom.com / GFord@groom.com
From: Andrews, Jane (HHS/OCIIO) [mailto:Jane.Andrews@hhs.gov] Sent: Monday, November 15, 2010 7:31 PM To: Gogna, Anubhav (AGogna@groom.com); Nielsen, Mark (mcn@groom.com); Ford, Gary (gmf@groom.com) Cc: Mayhew, James A. (CMS/CPC); Habit, Sandra (HHS/OCIIO); Pham, Erica (HHS/OCIIO) Subject: Your request for an annual limit waiver for Retiree Plan of the Central States, Southeast, and Southwest Areas heatlh and welfare Fund Mr. Gogna, Mr. Ford and Mr. Nielson: I am in receipt of your application for an annual limit waiver for the retiree plan of the Central States, Southeast and Southwest Areas health and Welfare Fun note on page two of your letter that The Trustees of the Plan believe that the Plan is a group health plan covering less than Ex. 4 participants who are current employe nder 732(a) of the Employee Retirement Income Security Act of 1974 We would agree that if the plan has fewer than Ex. 4 participants then the annual limit requirement provisions of the Affordable Care Act would not apply to this plan. Please confirm that it is the case that your plan is retiree-only, with fewer than two participants who are current employees. Thank you. Jane W. Andrews OCIIO 7501 Wisconsin Ave Bethesda, MD 20814 301-492-4122 (desk) 202-536-6779 (Blackberry)

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.

Notice: This message is intended only for use by the person or entity to which it is addressed. Because it may contain confidential information intended solely for the addressee, you are notified that any disclosing, copying, downloading, distributing, or retaining of
RPCS:000007

file:///C|/...uthwest%20Areas%20Health%20&%20Welfare%20Fund/Request%20for%20additional%20info%20response%2011.16.10.htm[08/17/2011 12:37:42 PM]

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Document obtained CompleteColorado.com this message, and any attached files, is prohibited and may be by a violation of state or federal law. If you received this message in error, please notify the sender by reply mail, and delete the message and all attached files.

To comply with U.S. Treasury Regulations, we also inform you that, unless expressly stated otherwise, any tax advice contained in this communication is not intended to be used and cannot be used by any taxpayer to avoid penalties under the Internal Revenue Code, and such advice cannot be quoted or referenced to promote or market to another party any transaction or matter addressed in this communication.

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file:///C|/...uthwest%20Areas%20Health%20&%20Welfare%20Fund/Request%20for%20additional%20info%20response%2011.16.10.htm[08/17/2011 12:37:42 PM]

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Document obtained by CompleteColorado.com

For 2010, the premium for R6 participants is $ per month ($Ex. 4 retiree only, $Ex. 4 retiree and spouse). The monthly premium for ticipants dep retirement ag of retirement, and pension amount as follows (these are per person per month amounts):
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We have not yet set the rates for 2011 as we attempt to gather as much experience for 2010 as we can before setting the rate. In addition, the rates depend on whether a waiver is granted. The rates would be announced in January and effective beginning February 2011. However, just the cost of increasing the annual limit 50,000 would require each participant (both the Ex. 4 retiree and spouse), to pay an extra $ per month. Additional increases of Ex. 4 % due to medical trends may be necessary as w

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These amounts are paid by the retirees. The projected cost per person for 2010 is $ The plan (and ultimately the employers that contribute) cover the difference between the cost and the amount paid by the retirees. However, the contribution rates of the employers toward retiree coverage are set by colle gaining agreements that were negotiated long before the ACA's enactment, based on a $Ex. 4 annual limit.
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H:\001290\00147\RESPONSE TO HHS RE WAIVER.DOC

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From: Andrews, Jane (HHS/OCIIO) Sent: Thursday, November 18, 2010 9:30 AM To: 'Ford, Gary (gmf@groom.com)'; 'Gogna, Anubhav (AGogna@groom.com)'; 'Nielsen, Mark (mcn@groom.com)' Cc: Mayhew, James A. (CMS/CPC); Habit, Sandra (HHS/OCIIO); Pham, Erica (HHS/OCIIO) Subject: RE: Your request for an annual limit waiver for Retiree Plan of the Central States, Southeast, and Southwest Areas heatlh and welfare Fund
I received your voice mail and will try to call this afternoon. In the interim, I thought you would be interested to see this FAQ from October 12 which relates to retiree health plans. I think it may be helpful:

Document obtained by CompleteColorado.com

Third Set of FAQs Issued October 12, 2010

Exemption for Group Health Plans with Less than Two Current Employees
Q1: Do the HIPAA statutory exemptions in effect since 1997 for group health plans with less than two participants who are current employees apply to the Affordable Care Acts group market reforms? Yes. The preamble to the interim final regulations on grandfathered plans[1] noted that statutory provisions in effect since 1997 exempting group health plans with less than two participants who are current employees from HIPAA also exempt such plans from the group market reform requirements of the Affordable Care Act. Accordingly, under the terms of these statutory provisions, group health plans that do not cover at least two employees who are current employees (such as plans in which only retirees participate) are exempt from the Affordable Care Act's market reform requirements.
Here is the URL for more information on FAQs: http://www.hhs.gov/ociio/regulations/implementation_faq.html Jane W. Andrews OCIIO 7501 Wisconsin Ave Bethesda, MD 20814 301-492-4122 (desk) 202-536-6779 (Blackberry)

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.
From: Ford, Gary (gmf@groom.com) [mailto:GFord@groom.com] Sent: Tuesday, November 16, 2010 3:47 PM To: Andrews, Jane (HHS/OCIIO); Gogna, Anubhav (AGogna@groom.com); Nielsen, Mark (mcn@groom.com) Cc: Mayhew, James A. (CMS/CPC); Habit, Sandra (HHS/OCIIO); Pham, Erica (HHS/OCIIO) Subject: RE: Your request for an annual limit waiver for Retiree Plan of the Central States, Southeast, and Southwest Areas heatlh and welfare Fund

RPCS:000010

file:///C|/...%20&%20Southwest%20Areas%20Health%20&%20Welfare%20Fund/Request%20for%20additional%20info%2011.18.10.htm[08/17/2011 12:38:01 PM]

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The Departments anticipate issuing further responses to questions and other guidance under the Affordable Care Act in the future. We hope these publications will be helpful by providing additional clarity and assistance.

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Set out below are two Frequently Asked Questions (FAQs) regarding implementation of the market reform provisions of the Affordable Care Act. They have been prepared jointly by the Departments of Health and Human Services, Labor and the Treasury. Like the FAQs issued on September 20, 2010 and on October 8, 2010, these FAQs answer questions from stakeholders with a view to helping people understand the new law and benefit from it, as intended.

Document obtained by CompleteColorado.com Dear Ms. Andrews, Thank you for your note. We will confer with our client and be back to you shortly. Best, Gary Groom Law Group, Chartered

Gary M. Ford / 1701 Pennsylvania Ave., N.W. / Washington, DC 20006 / Phone: 202-861-6627 / Fax: 202-659-4503 / www.Groom.com / GFord@groom.com

Notice: This message is intended only for use by the person or entity to which it is addressed. Because it may contain confidential information intended solely for the addressee, you are notified that any disclosing, copying, downloading, distributing, or retaining of this message, and any attached files, is prohibited and may be a violation of state or federal law. If you received this message in error, please notify the sender by reply mail, and delete the message and all attached files. To comply with U.S. Treasury Regulations, we also inform you that, unless expressly stated otherwise, any tax advice contained in this communication is not intended to be used and cannot be used by any taxpayer to avoid penalties under the Internal Revenue Code, and such advice cannot be quoted or referenced to promote or market to another party any transaction or matter addressed in this communication.

RPCS:000011

file:///C|/...%20&%20Southwest%20Areas%20Health%20&%20Welfare%20Fund/Request%20for%20additional%20info%2011.18.10.htm[08/17/2011 12:38:01 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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Mr. Gogna, Mr. Ford and Mr. Nielson: I am in receipt of your application for an annual limit waiver for the retiree plan of the Central States, Southeast and Southwest Areas health and Welfare Fund. I note on page two of your letter that The Trustees of the Plan believe that the Plan is a group health plan covering less than Ex. 4 participants who are current employees under 732(a) of the Employee Retirement Income Security Act of 1974 We w agree that if the plan has fewer than Ex. 4 participants then the annual limit requirement provisions of the Affordable Care Act would not apply to this plan. Please confirm that it is the case that your plan is retiree-only, with fewer than two participants who are current employees. Thank you. Jane W. Andrews OCIIO 7501 Wisconsin Ave Bethesda, MD 20814 301-492-4122 (desk) 202-536-6779 (Blackberry)

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From: Andrews, Jane (HHS/OCIIO) [mailto:Jane.Andrews@hhs.gov] Sent: Monday, November 15, 2010 7:31 PM To: Gogna, Anubhav (AGogna@groom.com); Nielsen, Mark (mcn@groom.com); Ford, Gary (gmf@groom.com) Cc: Mayhew, James A. (CMS/CPC); Habit, Sandra (HHS/OCIIO); Pham, Erica (HHS/OCIIO) Subject: Your request for an annual limit waiver for Retiree Plan of the Central States, Southeast, and Southwest Areas heatlh and welfare Fund

Document obtained by CompleteColorado.com

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From: Andrews, Jane (HHS/OCIIO) Sent: Tuesday, November 23, 2010 12:34 PM To: Habit, Sandra (HHS/OCIIO) Subject: FW: follow up information on the Annual Limit Waiver Request
Retiree plan of the central states Jane W. Andrews OCIIO 7501 Wisconsin Ave Bethesda, MD 20814 301-492-4122 (desk) 202-536-6779 (Blackberry)

Document obtained by CompleteColorado.com

Attachments: Response to HHS re Waiver.doc

From: Ford, Gary (gmf@groom.com) [mailto:GFord@groom.com] Sent: Friday, November 19, 2010 5:25 PM To: Andrews, Jane (HHS/OCIIO) Cc: Nielsen, Mark (mcn@groom.com) Subject: RE: follow up information on the Annual Limit Waiver Request

Gary M. Ford / 1701 Pennsylvania Ave., N.W. / Washington, DC 20006 / Phone: 202-861-6627 / Fax: 202-659-4503 / www.Groom.com / GFord@groom.com
From: Andrews, Jane (HHS/OCIIO) [mailto:Jane.Andrews@hhs.gov] Sent: Thursday, November 18, 2010 3:37 PM To: Nielsen, Mark (mcn@groom.com); Ford, Gary (gmf@groom.com) Subject: follow up information on the Annual Limit Waiver Request The information we need to complete the waiver application is as follows: You provided a $Ex. 4 million cost increase, or a Ex. 4 % increase. Can you please give us the base total current 2010 premium cost amount (employer and retiree); what the rate is 2011 (again oyer and retiree) and finally, what the increase in rates will be for the annual limit requirement of $750,000? We also see a $ Ex. 4 per participant cost increase as a result of the annual limit. As requested above, wed like to know what the current base ra and what the renewal rate is. To the extent these are single or retiree+spouse, wed like those rate differences as well. With that additional rate information, I believe your application will be complete.
RPCS:000013

file:///C|/...uthwest%20Areas%20Health%20&%20Welfare%20Fund/Request%20for%20additional%20info%20response%2011.23.10.htm[08/17/2011 12:38:02 PM]

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Jane, Central States forwarded to me theattached information and explanation in response to your email below. Please let us know if you need additional information. Have a great weekend! Best, Gary Groom Law Group, Chartered

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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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Document obtained by CompleteColorado.com Thanks and please let me know if you have questions. Jane W. Andrews OCIIO 7501 Wisconsin Ave Bethesda, MD 20814 301-492-4122 (desk) 202-536-6779 (Blackberry)

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.
Notice: This message is intended only for use by the person or entity to which it is addressed. Because it may contain confidential information intended solely for the addressee, you are notified that any disclosing, copying, downloading, distributing, or retaining of this message, and any attached files, is prohibited and may be a violation of state or federal law. If you received this message in error, please notify the sender by reply mail, and delete the message and all attached files. To comply with U.S. Treasury Regulations, we also inform you that, unless expressly stated otherwise, any tax advice contained in this communication is not intended to be used and cannot be used by any taxpayer to avoid penalties under the Internal Revenue Code, and such advice cannot be quoted or referenced to promote or market to another party any transaction or matter addressed in this communication.

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file:///C|/...uthwest%20Areas%20Health%20&%20Welfare%20Fund/Request%20for%20additional%20info%20response%2011.23.10.htm[08/17/2011 12:38:02 PM]

From: Botwinick, Alexandra (HHS/OCIIO) Sent: Tuesday, December 14, 2010 11:58 AM To: 'gmf@groom.com' Subject: FW: Waiver of the Annual Limits Requirements of PHS Act Section 2711 ATTACHMENT Importance: High Attachments: Updated Jan 1 Approval Letter .pdf Alexandra Botwinick Office of Oversight HHS/OCIIO
Please see here, the attachment mentioned in the previous e-mail.

Document obtained by CompleteColorado.com

alexandra.botwinick@hhs.gov

From: Botwinick, Alexandra (HHS/OCIIO) Sent: Tuesday, December 14, 2010 11:57 AM To: 'gmf@groom.com' Subject: Waiver of the Annual Limits Requirements of PHS Act Section 2711 Importance: High

Alexandra Botwinick Office of Oversight HHS/OCIIO

alexandra.botwinick@hhs.gov

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Good Afternoon, Thank you for submitting an application for a Waiver of the Annual Limits Requirements of the PHS Act Section 2711 for Retiree Plan of the Central States, Southeast and Southwest Areas health and Welfare Fund. 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. Please let me know if I can be of further assistance. Sincerely,

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RPCS:000015

file:///C|/...utheast%20&%20Southwest%20Areas%20Health%20&%20Welfare%20Fund/Approval%20letter%20sent%2012-14-2010.htm[08/17/2011 12:38:02 PM]

Document obtained by CompleteColorado.com

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Document obtained by CompleteColorado.com

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From: Ford, Gary (gmf@groom.com) [GFord@groom.com] Sent: Tuesday, December 14, 2010 12:02 PM To: Botwinick, Alexandra (HHS/OCIIO) Subject: RE: Waiver of the Annual Limits Requirements of PHS Act Section 2711 Follow Up Flag: Follow up Flag Status: Red
Got it! Thanks.

Document obtained by CompleteColorado.com

Gary M. Ford / 1701 Pennsylvania Ave., N.W. / Washington, DC 20006 / Phone: 202-861-6627 / Fax: 202-659-4503 / www.Groom.com / GFord@groom.com
From: Botwinick, Alexandra (HHS/OCIIO) [mailto:Alexandra.Botwinick@hhs.gov] Sent: Tuesday, December 14, 2010 11:57 AM To: Ford, Gary (gmf@groom.com) Subject: Waiver of the Annual Limits Requirements of PHS Act Section 2711 Importance: High

Good Afternoon,

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Alexandra, My email does not have an attachment. Kindly forward. Best, Gary Groom Law Group, Chartered

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From: Ford, Gary (gmf@groom.com) [mailto:GFord@groom.com] Sent: Tuesday, December 14, 2010 11:59 AM To: Botwinick, Alexandra (HHS/OCIIO) Subject: RE: Waiver of the Annual Limits Requirements of PHS Act Section 2711

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Alexandra Botwinick Office of Oversight HHS/OCIIO

alexandra.botwinick@hhs.gov

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Mr. Ford, I realized my error immediately after and already forwarded you the attachment please let me know when you receive it. I apologize for the confusion. Thanks!

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From: Botwinick, Alexandra (HHS/OCIIO) [mailto:Alexandra.Botwinick@hhs.gov] Sent: Tuesday, December 14, 2010 12:00 PM To: Ford, Gary (gmf@groom.com) Subject: RE: Waiver of the Annual Limits Requirements of PHS Act Section 2711

RPCS:000018

file:///C|/...20Southwest%20Areas%20Health%20&%20Welfare%20Fund/Confirmation%20of%20Approval%20letter%2012-16-2010.htm[08/17/2011 12:38:02 PM]

obtained by Thank you for submitting an applicationDocument for a Waiver ofCompleteColorado.com the Annual Limits Requirements of the PHS Act Section 2711 for Retiree Plan of the Central States, Southeast and Southwest Areas health and Welfare Fund. 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. Please let me know if I can be of further assistance. Sincerely,

alexandra.botwinick@hhs.gov

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To comply with U.S. Treasury Regulations, we also inform you that, unless expressly stated otherwise, any tax advice contained in this communication is not intended to be used and cannot be used by any taxpayer to avoid penalties under the Internal Revenue Code, and such advice cannot be quoted or referenced to promote or market to another party any transaction or matter addressed in this communication.

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Notice: This message is intended only for use by the person or entity to which it is addressed. Because it may contain confidential information intended solely for the addressee, you are notified that any disclosing, copying, downloading, distributing, or retaining of this message, and any attached files, is prohibited and may be a violation of state or federal law. If you received this message in error, please notify the sender by reply mail, and delete the message and all attached files.

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RPCS:000019

Alexandra Botwinick Office of Oversight HHS/OCIIO

file:///C|/...20Southwest%20Areas%20Health%20&%20Welfare%20Fund/Confirmation%20of%20Approval%20letter%2012-16-2010.htm[08/17/2011 12:38:02 PM]