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2023 Proposed Notice of Benefit and Payment Parameters Would Revert Nondiscrimination and Guaranteed Availability Provisions, Return Standardized Plan Options
Sheppard Mullin Link to more items from this source
[Guidance Overview]
Jan. 6, 2022

"The 2023 NBPP proposed rule would ... explicitly prohibit discrimination on the basis of sexual orientation and gender identity, as had been the case prior to 2020.... The proposed rule also would clarify the nondiscrimination policy for benefit design ... The rulemaking also would address prescription drug benefit tiering as a potentially discriminatory benefit design.... The proposed rule would 'reinterpret' guaranteed availability to require insurers to provide coverage to individuals even if they owe past-due premiums to the issuer (or an issuer in the same control group)."

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