Seismic Changes To ACA and Exchanges Proposed
Building on changes in the One Big Beautiful Bill Act (OBBBA) and other regulatory changes in 2025, the Trump administration’s 2027 Affordable Care Act (ACA) and Exchange rule aims to make additional seismic changes in healthcare.
Among the major changes include:
- Eliminating a Biden administration rule that limited insurers to two non-standard plan designs per metal level on the Exchanges.
- Eliminate requirements that plans offer standardized options on the Exchanges, with the option to continue current standardized options.
- Changing the permissible cost-sharing parameters for Bronze plans and to update cost-sharing requirements for catastrophic plans, beginning in PY 2027. These proposals would improve consumers’ access to affordable healthcare coverage and provide consumers the flexibility to tailor their coverage to their needs.
- Allowing insurers to offer catastrophic coverage in one-year terms or in longer terms of up to 10 years.
- Allowing multi-year catastrophic plans to be permitted to utilize value-based insurance designs to cover preventive services over and above those that currently must be covered under certain recommendations and guidelines (before an enrollee satisfies a deductible or hits an out-of-pocket maximum).
- Allowing more people over 30 to choose a catastrophic plan if they want to.
- Expanding affordable options by allowing lower deductibles but higher out-of-pocket maximums.
- Allowing certain innovative, non-network plans to obtain qualified health plan status if they can demonstrate a broad enough slate of provider options.
- Tightening citizenship limits and eligibility verification.
- Proposing stronger eligibility and income checks alongside stronger enforcement policies to protect against improper enrollments and unauthorized plan changes.
- Instituting new legal requirements around eligibility for tax credits and other assistance for immigrants as well as suggesting that states’ improper payments measurement programs evaluate how state-based Exchanges are handling premium tax credit payments.
- Implementing stronger standards for brokers and agents to deter fraud and misleading marketing.
- Outlining prohibited marketing practices, such as offering cash equivalents to prompt enrollment, falsely claiming no premiums and enrollment timelines and deadlines.
- Allowing federally facilitated Exchange states to carry out their own provider access reviews and granting state-based Exchanges more discretion with network adequacy.
- Shifting 2027 HHS risk adjustment models and harnessing improved HHS-RADV error estimation methodology.
- Easing the transition to a state-based Exchange.
- Permitting state-based Exchanges to use a “private sector-based approach” by relying on web brokers to manage consumer-facing websites.
- Preventing adult routine dental work to be considered an essential health benefit.
- Establishing stricter parameters around cost defrayal of state-mandated benefits.
- Maintaining the prohibition on the 150% federal poverty line special enrollment period.
Proponents argue the changes are needed to reduce costs and provide more affordable options. Critics argue the changes will simply erode the Exchanges financial position and increase risk.
Additional articles: https://www.fiercehealthcare.com/regulatory/cms-plans-roll-back-limits-non-standard-aca-plan-options and https://www.beckerspayer.com/payer/aca/cms-proposes-aca-implementation-rule/ and https://www.cms.gov/newsroom/press-releases/cms-proposes-regulations-lower-health-care-costs-expand-consumer-choice-protect-taxpayers and https://www.cms.gov/newsroom/fact-sheets/hhs-notice-benefit-payment-parameters-2027-proposed-rule
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https://www.modernhealthcare.com/politics-regulation/mh-aca-exchange-rule-2027-standardized-coverage
