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Friday, Jan 15 2021

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Final CMS Rule Lets States Waive Some ACA Requirements, Cuts User Fees

The rule finalized by the Centers for Medicare and Medicaid Services would significantly impact how the Affordable Care Act exchanges are run.

CMS on Thursday significantly changed how Affordable Care Act exchanges will run, including allowing states to waive some requirements and to use web-based brokers to sell insurance by 2023, moves that insurers and other industry groups have said would essentially privatize the exchanges. In its annual benefit and payment parameters rule, the agency said states will be able to use Section 1332 waivers to individualize their exchanges and eliminate some statutory requirements. States will be allowed to add web-based brokers as the primary way that residents enroll in individual market plans. The agency put the onus on states to ensure those brokers and insurers meet any eligibility requirements. (1/14)

CMS has finalized a number of proposals in its rule governing the ACA's exchanges in 2022, including lower user fees. In the final rule, the Centers for Medicare & Medicaid Services (CMS) set user fees for qualified health plans at 2.25% of the premium, down from 3%. The agency said that steadily cutting down user fees since 2018 has allowed it to decrease premiums by 8%. The rule would also set fees for state-based exchanges that use Healthcare.gov to 1.75%, down from 2.25%. (Minemyer, 1/14)

In other news about the Affordable Care Act 鈥

Advocates for the federal health insurance program known as Obamacare filed a lawsuit Thursday challenging Georgia鈥檚 plan to block access to coverage through the program鈥檚 online marketplace. The federal lawsuit argues that in allowing Georgia to ignore certain provisions of the Affordable Care Act, the Trump administration was illegally attempting to gut the law, which has withstood repeated challenges in Congress and the courts. 鈥淢illions of Americans have bought insurance on the ACA鈥檚 exchanges,鈥 said John Lewis, senior counsel with the Washington-based organization Democracy Forward and the lead lawyer on the lawsuit. 鈥淚 would hate to see another state pursue the same thing that Georgia鈥檚 trying to pursue.鈥 (Hart, 1/14)

A Planned Parenthood affiliate and an Atlanta women鈥檚 health center have sued the Trump administration to block its approval of Georgia鈥檚 plan to stop using the Affordable Care Act鈥檚 healthcare.gov health insurance exchange. In a complaint filed Thursday in Washington, D.C., federal court against the Department of Health and Human Services, Planned Parenthood Southeast and Feminist Women鈥檚 Health Center said the plan would harm them because more of their patients would be uninsured. (Pierson, 1/14)

Louisiana saw its fifth annual drop in health insurance enrollment through the individual marketplace set up through President Barack Obama鈥檚 federal health overhaul law. The聽Advocate reports聽that enrollment in the Affordable Care Act鈥檚 individual market fell to 83,159 this year, down from 87,748 policyholders last year. The program offers income-based, taxpayer-subsidized private health insurance plans for people who aren鈥檛 covered on the job. (1/14)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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