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HHS May Let States Decide Essential Health Benefits
Bloomberg BNA July 27, 2017
"Changes in regulations governing the [ACA]'s essential health benefits are an area where [HHS] has legal latitude, and it may use it whether or not the ACA is changed substantially by Congress ... Under an HHS regulation issued in 2013, states can designate benchmark plans on which the EHBs are based, and most states designed the largest small group plans in their states.... HHS could change the rules governing which plans could be used as benchmarks[.]"
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