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ARTICLE · 21 FEBRUARY 2017

HHS Expresses Interest In Pre-Existing Condition Exclusions

Littler Mendelson
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The regulations also propose adjustments to the enrollment procedures for individual market coverage available through the Marketplace, including changes to the annual enrollment period for individual coverage.

United StatesEmployment and HR
Littler Mendelson, P.C.
Littler Mendelson, P.C.
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In proposed regulations published on February 17, 2017, the U.S. Department of Health and Human Services (HHS) has suggested several adjustments designed to help stabilize the individual health insurance market – particularly for coverage offered through the health insurance exchanges, often referred to as "Marketplaces."

While the proposed regulations do not directly impact most employer-sponsored benefit plans, they do shed light on the Department's efforts to incentivize individuals to maintain continuous insurance coverage without retaining the Affordable Care Act's individual mandate.

In addition to the stabilization proposals listed in the regulations, HHS expresses interest in implementing rules similar to the pre-Affordable Care Act rules that allowed plans to deny coverage for pre-existing conditions if the covered individual experienced a gap in creditable coverage:

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