On 15 February 2017, the Centers for Medicare & Medicaid Services (CMS) took a step toward addressing concerns about the stability of the individual and small group health insurance markets by proposing a modicum of regulatory relief for insurers. Most of the proposed changes are relatively modest and, for the most part, would not be effective until the 2018 plan year. Especially given the ongoing uncertainty regarding the future of the health insurance exchanges under the new administration and Congress, it is unclear whether the proposals would be enough to prevent more insurers from exiting the exchanges, as Humana recently announced it would, or to stave off significant rate increases for 2018. The Proposed Rule, “Patient Protection and Affordable Care Act; Market Stabilization” (CMS-9929-P), will be published in the Federal Register on 17 February 2017. Commenters should note that the proposed rule has an abbreviated comment period and comments are due by 7 March 2017.
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