REG-108641-14
By Anonymous | |
Proquest LLC |
Request for Information Request for Information Regarding Provider Non-Discrimination
AGENCIES:
ACTION: Request for information.
SUMMARY : This document is a request for information regarding provider nondiscrimination. The Departments of Labor,
DATES: Comments must be submitted on or before
ADDRESSES: Written comments may be submitted to HHS. Any comment that is submitted will be shared with the other Departments. Please do not submit duplicates. All comments will be made available to the public. Warning: Please do not include any personally identifiable information (such as name, address, or other contact information) or confidential business information that you do not want publicly disclosed. All comments are posted on the Internet exactly as received and can be retrieved by most Internet search engines. No deletions, modifications, or redactions will be made to the comments received, as they are public records. Comments may be submitted anonymously.
You may submit comments in one of four ways (please choose only one of the ways listed):
1. Electronically. You may submit electronic comments on this regulation to http://www.regulations.gov. Follow the "Submit a comment" instructions.
2. By regular mail. You may mail written comments to the following address ONLY:
P.O. Box 8016,
Please allow sufficient time for mailed comments to be received before the close of the comment period.
3. By express or overnight mail. You may send written comments to the following address ONLY:
Mail Stop C4-26-05,
4. By hand or courier. Alternatively, you may deliver (by hand or courier) your written comments ONLY to the following addresses prior to the close of the comment period:
a. For delivery in
(Because access to the interior of the
b. For delivery in
If you intend to deliver your comments to the
Comments erroneously mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period.
For information on viewing public comments, see the beginning of the "SUPPLEMENTARY INFORMATION" section.
FOR FURTHER INFORMATION CONTACT:
Customer Service Information: Individuals interested in obtaining information from the
SUPPLEMENTARY INFORMATION:
I. Background
Section 2706(a) of the Public Health Service Act (PHS Act)1, as added by section 1201 of the Affordable Care Act, states that a "group health plan and a health insurance issuer offering group or individual health insurance coverage shall not discriminate with respect to participation under the plan or coverage against any health care provider who is acting within the scope of that provider's license or certification under applicable state law." Section 2706(a) of the PHS Act does not require "that a group health plan or health insurance issuer contract with any health care provider willing to abide by the terms and conditions for participation established by the plan or issuer," and nothing in section 2706(a) of the PHS Act prevents "a group health plan, a health insurance issuer, or the Secretary from establishing varying reimbursement rates based on quality or performance measures."
On
who is acting within the scope of that provider's license or certification under applicable State law, when determining networks of care eligible for reimbursement. The goal of this provision is to ensure that patients have the right to access covered health services from the full range of providers licensed and certified in their State. The Committee is therefore concerned that the FAQ document issued by HHS, DOL and the
II. Solicitation of Comments
Pursuant to this report, the Departments are requesting comments on all aspects of the interpretation of section 2706(a) of the PHS Act. This includes but is not limited to comments on access, costs, other federal and state laws, and feasibility.
Signed at
Division Counsel/ Associate Chief Counsel,
Tax Exempt and Government Entities,
Signed at
Benefits Tax Counsel,
Signed this 5th day of March, 2014.
Assistant Secretary,
Employee Benefits Security
Administration,
Dated:
Administrator,
Dated:
Secretary,
1 PHS Act section 2706(a) also is incorporated into section 715(a)(1) of the Employee Retiree Income Security Act (ERISA) and section 9815(a)(1) of the Internal Revenue Code (the Code). Accordingly, the Departments have concurrent jurisdiction over the implementation of PHS Act section 2706(a).
2See FAQs about Affordable Care Act Implementation Part XV, available at http://wmv.dol.gov/ebsa/faqs/faq-acal5.html and http://www.cms.gov/CCIIO/Resources/Fact-Sheets-and-FAQs/ aca implementation Jaqsl5.html.
3S. Rep. No. 113-71, at 126 (2013).
4S. Rep. No. 113-71, at 126 (2013). Additionally, in Title I of the report, regarding the
Copyright: | (c) 2014 Superintendent of Documents |
Wordcount: | 1514
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