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Errors/misprints in PPACA?


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There are a couple of sections in the Patient Protection and Affordable Care Act that reference provisions that I think either don't exist or are not applicable - has anyone else found this or am I missing something?

1. In PPACA Section 1001(1), which amends PHSA to create a new Section 2712 re: prohibition on rescissions, the last sentence states that plans or coverage can only be cancelled in accordance with sections 2702© or 2742(b).

2702© does not exist in the pre-PPACA PHSA or in post-PPACA PHSA. If you assume it is a misprint and should read 2712©, and assume that pre-PPACA PHSA applies (since there is also no © in Section 2702 post-PPACA), you are referred to requirements for uniform termination of coverage in the group health insurance market. This makes sense. However, if you then look at 2742(b), you are referred to a section that deals with termination in the individual market which, instead of addressing uniform termination of coverage (that is found in 2742©), addresses the reasons an insurer can rescind or nonrenew coverage. 2712 and 2742 are substantially similar - I may be missing something, but it seems to me that these references are inconsistent - why not refer to both (b) and © of both sections, or (b) of both sections, or © of both sections, rather than this mix?

2. In PPACA Section 1201, amendment to PHSA creating new Section 2705, the text goes from subsection (a) (re: discrimination based on health status) to (j) (re: wellness programs). (j)(1)(A) refers to "subsection (b)(2)(B)," which doesn't exist. Even if you assume that (j) should have been (b), the cross-reference really doesn't make sense ((j)(2)(B) gives one example of the types of wellness programs that don't have to meet certain requirements, whereas (j)(1)(A) is providing an apparently general definition). Has anyone else noticed this? Are we all missing subsections (b)-(i), or were these just numbered incorrectly?

Finally, is anyone else having trouble making sense of (b)(1)© of new PHSA Section 2719A (which deals with coverage of emergency services) - especially from (ii) on?

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  • 2 weeks later...

1. In PPACA Section 1001(1), which amends PHSA to create a new Section 2712 re: prohibition on rescissions, the last sentence states that plans or coverage can only be cancelled in accordance with sections 2702© or 2742(b). 2702© does not exist in the pre-PPACA PHSA or in post-PPACA PHSA.

Didn’t GINA add ©-(f) to (old) 2702? Still, the cross reference doesn’t seem to make sense. Do you think they meant to reference (new) 2703? That wouldn’t tell us anything but would be parallel to 2742.

2. In PPACA Section 1201, amendment to PHSA creating new Section 2705, the text goes from subsection (a) (re: discrimination based on health status) to (j) (re: wellness programs). (j)(1)(A) refers to "subsection (b)(2)(B)," which doesn't exist.

I think (new) PHSA 2705 used to be (old) PHSA 2702. I think PPACA 1201 is amending PHSA 2702/2705 paragraph (a) and adding (j) etc. As best as I have been able to figure out so far, that leaves a gap between (f), the end of GINA, and (j), the start of the new PPACA wellness material.

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Thanks Linda. I figured out that part of my problem is that I've been using Cornell Institute's version of PHSA, which does not include GINA and maybe some other amendments. I haven't found a fully updated PHSA - do you have any suggestions as to where to get a copy of that, or the PHSA as amended by PPACA and the Reconcilation Act?

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I don't know of any sources that have updated the PHSA for PPACA. Our subscription to Checkpoint has the PHSA updated for everything except PPACA.

Even if I found the PHSA updated for PPACA, I think I would be careful about replying on it. I think PPACA provides multiple inconsistent changes for some sections. I can guess what it is supposed to be (what is the intended final change) but you would probably want to look at the options for yourself rather than rely on someone else's decision as to what is the correct change. I'm doing my own mark-up, as needed for research, with notes on conflicting PPACA changes.

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