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GAO-14-656R 1 (2014-06-11)

handle is hein.gao/gaobadqix0001 and id is 1 raw text is: 




c AO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-325884


June 11, 2014

The Honorable Tom Harkin
Chairman
The Honorable Lamar Alexander
Ranking Member
Committee on Health, Education, Labor, and Pensions
United States Senate

The Honorable Fred Upton
Chairman
The Honorable Henry A. Waxman
Ranking Member
Committee on Energy and Commerce
House of Representatives

Subject: Department of Health and Human Services: Patient Protection and Affordable Care
        Act; Exchange and Insurance Market Standards for 2015 and Beyond

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Health and Human Services (HHS) entitled Patient
Protection and Affordable Care Act; Exchange and Insurance Market Standards for 2015 and
Beyond (RIN: 0938-AS02). We received the rule on May 20, 2014. It was published in the
Federal Register as a final rule on May 27, 2014. 79 Fed. Reg. 30,240.

The final rule addresses various requirements applicable to health insurance issuers, Affordable
Insurance Exchanges (Exchanges), Navigators, non-Navigator assistance personnel, and other
entities under 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, the rule establishes standards related to product discontinuation and renewal,
quality reporting, non-discrimination standards, minimum certification standards and
responsibilities of qualified health plan (QHP) issuers, the Small Business Health Options
Program, and enforcement remedies in federally-facilitated Exchanges. It also finalizes: a
modification of HHS's allocation of reinsurance collections if those collections do not meet
HHS's projections; certain changes to allowable administrative expenses in the risk corridors
calculation; modifications to the way HHS calculates the annual limit on cost sharing; an
approach to index the required contribution used to determine eligibility for an exemption from
the shared responsibility payment under section 5000A of the Internal Revenue Code; grounds
for imposing civil money penalties on persons who provide false or fraudulent information to the
Exchange and on persons who improperly use or disclose information; updated standards for
the consumer assistance programs; standards related to the opt-out provisions for self-funded,
non-federal governmental plans and related to the individual market provisions under the Health
Insurance Portability and Accountability Act of 1996 including excepted benefits; standards


GAO-14-656R

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