HHS Notice of Benefit and Payment Parameters for 2017 (Final Rule)
Final rule establishing 2017 payment parameters and operational provisions for Exchanges and related ACA programs, affecting Federal and State Exchanges, QHP issuers, consumers, agents/brokers, and related stakeholders.
Regulatory text was finalized to avoid referring to locations where employees live or reside as a principal business address; instead the rating area is the area where the greatest number of an employer's employees within a plan's service area live or reside as of the beginning of the plan year.
Will not interpret product discontinuance or market withdrawal notice periods to create an exception to guaranteed availability; issuers must continue to offer coverage until product discontinuance.
Student health insurance issuers may establish one or more bona fide school-related risk pools and must base rates on the claims experience of those pools with actuarially justified adjustments.
Student health insurance coverage must meet a minimum 60% actuarial value and AV must be calculated using the federal AV calculator.
Student health insurance coverage is required to meet a minimum 60 percent actuarial value and must have AV calculated using the federal actuarial value calculator rather than by actuarial certification.
HHS finalized recalibration and methodological updates to the HHS risk adjustment model for 2017, including updated coefficients and separate trend factors for traditional drugs, specialty drugs, and medical/surgical expenditures.
Finalized cost-sharing reduction adjustment factors for 2015-2017 risk adjustment (including induced utilization factors such as 1.12 for certain silver variants).
HHS will operate risk adjustment in all States for the 2017 benefit year and is not recertifying Massachusetts' alternate methodology.
Revised the 2017 risk adjustment user fee to $1.56 per enrollee per year ($0.13 PMPM) based on updated cost and enrollment assumptions.
Finalized approach to expend any remaining 2016 reinsurance contribution funds as reinsurance payments for the 2016 benefit year (including increasing coinsurance rate up to 100% and potentially decreasing the $90,000 attachment point).
HHS finalized that issuers must report any adjustment made or approved by HHS by August 15 of the reporting year in the current MLR and risk corridors reporting cycle unless it meets 'de minimis' criteria.
HHS raised the default risk adjustment charge calculation from the 75th percentile to the 90th percentile for the second year (2015 benefit year) to increase deterrence against noncompliance.
A separate, lower default charge of 14 percent of premium PMPM was finalized for issuers with 500 or fewer billable member months (individual + small group combined) for the 2016 benefit year.
Issuers acquiring business from an insolvent issuer (or State guaranty funds/liquidators) may accrue prior months' claims experience and submit combined EDGE data if coverage is 'substantially the same' and accumulators are carried over.
For single risk pool coverage effective on or after January 1, 2017, rate increases subject to review are calculated as the premium-weighted average increase for all enrollees (including rating factors), not plan-adjusted index rate.
Issuers must submit the Unified Rate Review Template (URRT/Part I) for all single risk pool products in the individual or small group (or merged) market, regardless of whether any plan within a product is subject to a rate increase.
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