Patient Protection and Affordable Care Act; Program Integrity: Exchange, SHOP, and Eligibility Appeals
| Federal Information & News Dispatch, Inc. |
SUMMARY: This final rule implements provisions of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 (collectively referred to as the Affordable Care Act). Specifically, this final rule outlines Exchange standards with respect to eligibility appeals, agents and brokers, privacy and security, issuer direct enrollment, and the handling of consumer cases. It also sets forth standards with respect to a State's operation of the Exchange and Small Business Health Options Program (SHOP). It generally is finalizing previously proposed policies without change.
DATES: These regulations are effective on
FOR FURTHER INFORMATION CONTACT:
Jaya Ghildiyal at (301) 492-5149 for matters relating to part 153.
SUPPLEMENTARY INFORMATION: This
Acronyms and Short Forms
Because of the many organizations and terms to which we refer by acronym in this proposed rule, we are listing these acronyms and their corresponding terms in alphabetical order below:
Affordable Care Act The Affordable Care Act (which is the collective term for the Patient Protection and Affordable Care Act (Pub. L. 111-148) and the Health Care and Education Reconciliation Act of 2010 (Pub. L. 111-152))
AV Actuarial Value
CFR Code of Federal Regulations
CHIP
CMP Civil Money Penalty
EFT Electronic Funds Transfer
EHB Essential Health Benefits
FEHB Federal Employees Health Benefits
FFE Federally-facilitated Exchange
FFE API Federally-facilitated Exchange Application Programming Interface
FF-SHOP Federally-Facilitated Small Business Health Options Program
GAO United States Government Accountability Office
GLBA Gramm Leach Bliley Act
HIPAA Health Insurance Portability and Accountability Act of 1996 (Pub. L. 104-191, as amended) and its implementing regulations
IRS
LEP Limited English Proficiency
MAGI Modified Adjusted Gross Income
MLR Medical Loss Ratio
NPRM Notice of Proposed Rulemaking
PCIP Pre-existing Condition Insurance Plan
PHI Protected Health Information
PHS Act Public Health Service Act
PII Personally Identifiable Information
PRA Paperwork Reduction Act
QHP Qualified Health Plan
SHOP Small Business Health Options Program
The Code Internal Revenue Code of 1986
TIN Taxpayer Identification Number
Executive Summary
Starting on
Although many of the provisions in this rule will become effective by
FOOTNOTE 1 Patient Protection and Affordable Care Act; Establishment of Exchanges and Qualified Health Plans; Exchange Standards for Employers, 77 FR 18310 (
FOOTNOTE 2 Patient Protection and Affordable Care Act; Standards Related to Reinsurance, Risk Corridors and Risk Adjustment, 77 FR 17220 (
FOOTNOTE 3 Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2014 and Amendments to the HHS Notice of Benefit and Payment Parameters for 2014, 78 FR 15410 and 15541 (
Table of Contents
I. Background
A. Legislative Overview
B. Stakeholder Consultation and Input
II. Provisions of the Proposed Regulations and Analysis of and Responses to Public Comments
A. Part 147--Health Insurance Reform Requirements for the Group and Individual Health Insurance Markets
1. Fair Health Insurance Premiums
1. Subpart F-- Health Insurance Issuer Standards Related to the Risk Corridors Program
1. Subpart A--General Provisions
2. Subpart B--General Standards Related to the Establishment of an Exchange
3. Subpart C--General Functions of an Exchange
4. Subpart D--Exchange Functions in the Individual Market: Eligibility Determinations for Exchange Participation and Insurance Affordability Programs
5. Subpart E--Exchange Functions in the Individual Market: Enrollment in Qualified Health Plans
6. Subpart F--Appeals of Eligibility Determinations for Exchange Participation and Insurance Affordability Programs
7. Subpart H--Exchange Functions: Small Business Health Options Program (SHOP)
1. Subpart A--General Provisions
2. Subpart C--Qualified Health Plan Minimum Certification Standards
3. Subpart D--Federally-facilitated Exchange Qualified Health Plan Issuer Standards
4. Subpart I--Enforcement Remedies in Federally-facilitated Exchanges
5. Subpart K--Cases Forwarded to
6. Subpart M--Qualified Health Plan Issuer Responsibilities
III. Collection of Information Requirements
IV. Regulatory Impact Analysis
V. Regulations text
I. Background
A. Legislative Overview
The Patient Protection and Affordable Care Act (Pub. L. 111-148) was enacted on
Subtitles A and C of Title I of the Affordable Care Act reorganized, amended, and added to the provisions of Title XXVII of the Public Health Service Act (PHS Act) relating to health insurance issuers in the group and individual markets and to group health plans that are non-Federal governmental plans. As relevant here, section 2701 of the PHS Act (fair health insurance premiums) provides that the premium rate charged by a health insurance issuer for non-grandfathered health insurance coverage in the individual or small group market may vary with respect to a particular plan or coverage only based on family size, rating area, age (within a ratio of 3:1 for adults), and tobacco use (within a ratio of 1.5:1).
--This is a summary of a
Final rule.
CFR Part: "45 CFR Parts 147, 153, 155, and 156"
RIN Number: "RIN 0938-AR82"
Citation: "78 FR 54070"
Document Number: "CMS-9957-F"
Federal Register Page Number: "54070"
"Rules and Regulations"
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