IRS Issues Interim Final Regulations on Certain Preventive Services Coverage Under Affordable Care Act
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Coverage of Certain Preventive Services Under the Affordable Care Act
A Rule by the
Publication Date:
Agencies:
Entry Type: Rule
Action: Interim final rules.
Document Citation: 79 FR 51092
Page: 51092 -51101 (10 pages)
CFR: 26 CFR 54
29 CFR 2510
29 CFR 2590
45 CFR 147
Agency/Docket Numbers: TD-9690
CMS-9939-IFC
RIN: 0938-AR42
1210-AB67
1545-BM38
Document Number: 2014-20252
Shorter URL: https://federalregister.gov/a/2014-20252
Action
Interim Final Rules.
Summary
This document contains interim final regulations regarding coverage of certain preventive services under section 2713 of the Public Health Service Act (PHS Act), added by the Patient Protection and Affordable Care Act, as amended, and incorporated into the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code. Section 2713 of the PHS Act requires coverage without cost sharing of certain preventive health services by non-grandfathered group health plans and health insurance coverage. Among these services are women's preventive health services, as specified in guidelines supported by the
DATES:
Effective date: These interim final regulations are effective on
Comments: Written comments on these interim final regulations are invited and must be received by
ADDRESSES:
Written comments may be submitted to the
Comments, identified by "Preventive Services," may be submitted by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
Mail or Hand Delivery:
Comments received will be posted without change to www.regulations.gov and available for public inspection at the
FOR FURTHER INFORMATION CONTACT:
Customer Service Information: Individuals interested in obtaining information from the
SUPPLEMENTARY INFORMATION:
I. Background
The Patient Protection and Affordable Care Act (Pub. L. 111-148) was enacted on
Section 2713 of the PHS Act, as added by the Affordable Care Act and incorporated into ERISA and the Code, requires that non-grandfathered group health plans and health insurance issuers offering non-grandfathered group or individual health insurance coverage provide coverage of certain specified preventive services without cost sharing, including under paragraph (a)(4), benefits for certain women's preventive health services as provided for in comprehensive guidelines supported by the
Interim final regulations implementing section 2713 of the PHS Act were published on
Contemporaneous with the issuance of the 2012 final regulations, HHS, with the agreement of the Departments of Labor and the Treasury, issued guidance establishing a temporary safe harbor from enforcement of the contraceptive coverage requirement by the Departments for group health plans established or maintained by certain nonprofit organizations with religious objections to contraceptive coverage (and group health insurance coverage provided in connection with such plans). [6] The guidance provided that the temporary enforcement safe harbor would remain in effect until the first plan year beginning on or after
On
On
The regulations proposed that, in the case of an insured group health plan established or maintained by an eligible organization, the health insurance issuer providing group health insurance coverage in connection with the plan would be required to assume sole responsibility for providing contraceptive coverage to plan participants and beneficiaries without cost sharing, premium, fee, or other charge to plan participants or beneficiaries or to the eligible organization or its plan. The Departments proposed a comparable accommodation with respect to student health insurance coverage arranged by eligible organizations that are institutions of higher education.
In the case of a self-insured group health plan established or maintained by an eligible organization, the proposed regulations presented potential approaches under which the third party administrator of the plan would provide or arrange for a third party to provide contraceptive coverage to plan participants and beneficiaries without cost sharing, premium, fee, or other charge to plan participants or beneficiaries or to the eligible organization or its plan. An issuer (or its affiliate) would be able to offset the costs incurred by the third party administrator and the issuer in the course of arranging and providing such coverage by claiming an adjustment in the Federally-facilitated Exchange (FFE) user fee.
The Departments received over 400,000 comments (many of them standardized form letters) in response to the proposed regulations. After consideration of the comments, the Departments published final regulations on
On
On
The Departments are issuing these interim final regulations in light of the
[*Federal RegisterVJ 2014-08-27]
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