HHS Rules Don’t Preempt Association Plan Community Rate Exemption

On September 6, the Federal Register published amendments by the U.S. Department of Health and Human Services (HHS) to its May 2011 regulations that require disclosure and state review of “unreasonable premium increases” by health insurers. The amendments expand the definitions of the individual and small group health plan markets to explicitly include plans purchased…

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HHS Preempts State regulation of Association Plan Rates

“Coverage that would be regulated as small group market coverage … if it were not sold through an association is subject to rate review as small group market coverage.” With that single sentence, the U.S. Department of Health and Human Services amended its recently adopted health plan rate regulations and preempted Washington State statutes and…

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