On Monday, Health and Human Services released broad new operating rules for state-run health insurance exchanges, which form a key part of the 2010 federal healthcare reform law that will face landmark Supreme Court hearings in just two weeks.
The regulations are intended to provide state lawmakers flexibility on federal deadlines as they meet the complex task of building state and regional insurance markets before a January 1, 2014, deadline.
Covering 642 pages, the final document provides guidance on how states should establish exchanges, qualify health plans for participation and determine the eligibility of both individuals and small business that want to use exchanges to provide health coverage to their employees.
State exchanges are part of a two-pronged system intended to provide health coverage for about 30 million uninsured Americans under the Patient Protection and Affordable Care Act; the second part being a dramatic expansion of the joint federal-state Medicaid program for the poor.
The exchanges amount to federally subsidized state-run insurance markets designed to provide consumers Web-based access to affordable health plans that meet minimum quality standards.
The Supreme Court will hear arguments March 26th-28th stemming from a case in which 26 states and a business group claim healthcare reform should be overturned as unconstitutional because it requires most adults to buy private health insurance or pay a penalty. A ruling by the Court is expected by July 1st, 2012.
Known as the individual mandate, this provision of ACT is intended to limit insurance risk in the exchanges by ensuring that younger, healthier adults participate. Otherwise, analysts say, the exchanges could become dominated by older, sicker adults, which would mean higher costs and fewer participating plans.
A number of States have delayed participation until the ruling is out. About 33 states have received federal grant money to help set up exchanges.
The new rule retains a January 1, 2013, deadline for state exchanges to meet federal standards but also would allow states to qualify after January 1 if they can prove their exchanges will be ready to offer open enrollment by October 1, 2013.
The federal government will establish its own exchanges in states that fail to meet standards in time.
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