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Submitted Comments

Comments on Proposed Rules

On Patient Protection and Affordable Care Act; Data Collection to Support Standards Related to Essential Health Benefits; Recognition of Entities for the Accreditation of Qualified Health Plans: On July 5, 2012, the New York State Department of Financial Services submitted comments on the interim rules issued on June 5, 2012.

On Establishment of Exchanges and Qualified Health Plans; Exchange Standards for Employers and Medicaid Program Eligibility Changes under the Affordable Care Act: The New York State Department of Health submitted comments on the interim rules issued as part of the March 27, 2012 final rules establishing health insurance exchanges and the March 16, 2012 final rules for Medicaid program eligibility changes under the Affordable Care Act. Comments on the Medicaid program rules were due by May 7, 2012. Comments on the Exchange rules were due by May 11, 2012.

On the Actuarial Value and Cost-Sharing Bulletin: On February 24, 2012, the U.S. Department of Health and Human Services (HHS) released a bulletin on calculation of actuarial value and cost-sharing. The purpose of this bulletin is to provide information and solicit comments on the regulatory approach that HHS plans to propose to define actuarial value for qualified health plans and other non-grandfathered coverage in the individual and small group markets as well as to implement cost-sharing reductions under the Affordable Care Act. Comments on this bulletin were due by March 27, 2012.

On the Essential Health Benefits Bulletin: On December 16, 2011, the U.S. Department of Health and Human Services (HHS) released a bulletin on the essential health benefits. The purpose of this bulletin is to provide information and solicit comments on the regulatory approach that HHS plans to propose to define essential health benefits under the Affordable Care Act. Comments on this bulletin were due by January 31, 2012.

On Draft Exchange Certification Application: On November 10, 2011, the U.S. Department of Health and Human Services (HHS) released a draft Exchange Certification Application. Certification is required for state-based Exchanges to ensure they meet federal standards and will be ready to offer health care coverage on January 1, 2014. The deadline for certification is January 1, 2013. In a State that does not achieve certification by the deadline, the Affordable Care Act directs the HHS Secretary to facilitate the establishment of an Exchange in that state. Comments on this draft application were due by January 9, 2012.

On Summary of Benefits and Coverage and the Uniform Glossary: On August 22, 2011, the U.S. Department of Health and Human Services, the U.S. Department of Labor, and the U.S. Department of the Treasury issued a proposed rule on the summary of benefits and coverage and the uniform glossary. These proposed regulations relate to the disclosure of the summary of benefits and coverage and the uniform glossary for group health plans and health insurance coverage in the group and individual markets under the Patient Protection and Affordable Care Act. The disclosure requirements are intended to help plans and individuals better understand their health coverage, as well as other coverage options. Comments were due by October 21, 2011.

On Exchange Functions in the Individual Market: Eligibility Determinations; Exchange Standards for Employers: On August 17, 2011, the U.S. Department of Health and Human Services (HHS) issued a proposed rule regarding specific Exchange functions, including eligibility determinations for Exchange participation and insurance affordability programs and standards for employer participation in SHOP. Comments were due to HHS by October 31, 2011.

On Health Insurance Premium Tax Credit: On August 17, 2011, the Internal Revenue Service (IRS) issued a proposed rule on the health insurance premium tax credit. These proposed regulations provide guidance to individuals who enroll in qualified health plans through Exchanges and claim the premium tax credit, and to Exchanges that make qualified health plans available to individuals and employers. Comments were due to IRS by October 31, 2011.

On the CO-OP Program: On July 20, 2011, the U.S. Department of Health and Human Services (HHS) issued a proposed rule that would implement the Consumer Operated and Oriented Plan (CO-OP) program, which provides loans to foster the creation of consumer-governed, private, nonprofit health insurance issuers to offer qualified health plans in the Exchanges. Comments were due to HHS by September 16, 2011.

On the Establishment of Exchanges and Qualified Health Plans: On July 15, 2011, the U.S. Department of Health and Human Services (HHS) issued a proposed rule to implement the Exchanges, which will provide competitive marketplaces for individuals and small employers to directly compare available private health insurance options on the basis of price, quality, and other factors. The Exchanges, which will become operational by January 1, 2014, will help enhance competition in the health insurance market, improve choice of affordable health insurance, and give small businesses the same purchasing clout as large businesses. Comments were due to HHS by October 31, 2011.

On Reinsurance, Risk Corridors and Risk Adjustment: On July 15, 2011, the U.S. Department of Health and Human Services (HHS) issued a proposed rule on the reinsurance, risk corridors, and risk adjustment programs. These programs will mitigate the impact of potential adverse selection and stabilize premiums in the individual and small group markets as insurance reforms and the Exchanges are implemented, starting in 2014. Comments were due to HHS by October 31, 2011.

Request for Comments

On the Exchanges: On August 3, 2010, the U.S. Department of Health and Human Services (HHS) issued a request for comments asking states, consumer advocates, employers, insurers, and other interested stakeholders to provide input as HHS develops the rules and standards Exchanges should be required to meet. This request for comments included questions on a variety of topics relating to the Exchanges, such as quality standards, employer participation, eligibility and enrollment, and plan participation. Comments were due to HHS by October 4, 2010.

Requests for Information

On the Basic Health Plan: On September 14, 2011, the U.S. Department of Health and Human Services (HHS) issued a request for information regarding the Basic Health Plan option. This option permits States to enter into contracts to offer one or more "standard health plans" providing at least the essential health benefits to eligible individuals in lieu of offering such individuals coverage through the Exchange. Comments were due to HHS by October 31, 2011.