Friday, December 14, 2012

HHS Releases First Round of Post-Election PPACA Guidance

Client Alert
December 7, 2012

The Department of Health and Human Services (HHS) released the first guidance issued on the Patient Protection and Affordable Care Act (PPACA) since the 2012 presidential election. The new rules provide guidance on several key provisions of PPACA scheduled to become effective in 2014 involving essential health benefits (EHB), cost sharing limits, actuarial value, and other market reforms including new premium rating rules for insurance companies.

The new rules are in the form of proposed regulations and were published in the November 26, 2012 Federal Register. HHS has extended a 60-day comment period, during which interested parties can comment on the guidance and recommend changes favorable to their position.

In addition to these regulations, HHS, the Departments of Labor (DOL) and Treasury jointly released proposed rules implementing provisions under PPACA that expand rewards available under outcome-based wellness programs (i.e., wellness programs that provide a reward for satisfying a standard related to a health factor). Our alert on the wellness plan regulations can be found here: http://www.proskauer.com/publications/client-alert/new-guidance-on-wellness-programs-issued/.




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