Health Care Law Blog

Over the past several weeks, the nation has seen a flurry of announcements issued by states as to how such states will implement and operate the health insurance exchanges (“HIE”) required by the Affordable Care Act. States have three options as to how they may run their HIEs:

On Monday, November 26, 2012 the Department of Health and Human Services ("DHHS") issued proposed rules on:  (1) standards related to essential health benefits, actuarial value and accreditation, and (2) health insurance market rules and rate review.  The Department of Treasury, the Department of Labor, and DHHS issued combined proposed rules for the incentives of wellness programs. Comments on these proposals must be received no later than December 26, 2012.  So those interested in commenting have a short window to examine the three sets of rules.  For more on these topics and how they will impact you, stay tuned to the Foster Swift Health Care Blog.

As we previously reported, the Department of Health & Human Services (“DHHS”) extended some important deadlines for states establishing State-Based Insurance Exchanges or State Partnership Exchanges for 2014.  Specifically, DHHS extended the submission deadline for State-Based Exchange Blueprints to December 14, 2012.  However, the administration previously still required states to submit Declaration Letters of their intent to build state-based Health Insurance Exchanges by November 16^th.  However, as of Thursday (November 15^th), only 17 states and the District of Columbia had committed to building their own Exchanges.  This is far fewer than envisioned by the Obama administration when the law was passed in 2010. To give states more time, the Obama administration extended the deadline for the Declaration letters until December 14^th.  Thus, both Blue Prints of the specifics of the Exchange and Declaration Letters of states wishing to run their own Exchange are due on December 14^th.

Last Friday, the U.S. Department of Health & Human Services ("DHHS") extended important deadlines related to those states desiring to establish State-Based Insurance Exchanges or State Partnership Exchanges for 2014.  Specifically, Kathleen Sebelius, Secretary of DHHS, advised governors that DHHS had extended certain deadlines related to the submission of Declaration Letters and Blueprints, stating that DHHS is committed to providing states with flexibility for building a marketplace that meet each state's needs.

As President Obama moves into his second term, health care reform moves forward with him. Wholesale repeal of the Patient Protection and Affordable Care Act (PPACA) now seems highly unlikely. With the majority of the PPACA provisions slated to go into effect in 2014, employers need to be ready.

Foster Swift has developed guides to aid employers with their preparation efforts. Click the links below to download these guides.

Documents updated 07-12-2013

If you have any questions regarding health care reform, please contact a member of the Foster Swift Health Care Law Group.