Health Insurance Exchanges

Every U.S. state, as well as the District of Columbia, has established a health insurance exchange (often referred to as a “marketplace”). Required by the Patient Protection and Affordable Care Act (ACA), these exchanges are operated by the state, the federal government, or a partnership of both.

The exchanges allow individuals and small businesses to buy health care coverage from a variety of carriers in one place and provide access to subsidies for eligible individuals. Each state exchange was developed separately from the others.

At Epstein Becker Green, our attorneys help health care providers and managed care organizations stay up to date on relevant federal and state law developments to understand how health insurance exchanges affect them.

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Qualified Health Plans

The exchanges are authorized to establish criteria and determine what plans (known as "Qualified Health Plans") can be offered, as well as to develop and enforce certain rules and regulations. Epstein Becker Green attorneys have experience:

• advising plans that want to become Qualified Health Plan issuers in an exchange regarding exchange requirements and the applicability of federal and state laws;
• assisting plans in applying to exchanges to become approved as Qualified Health Plans, including preparing required documents, such as compliance plans and products that comply with state and exchange obligations; and
• interacting with regulatory authorities, such as the exchange, with respect to compliance and other issues.

Provider Participation Agreements

Providers are sometimes being asked to execute new agreements or amendments with respect to exchange products, and some providers are being excluded from these products. Our attorneys have experience preparing and reviewing managed care participation agreements with hospitals, physicians, and other providers of health care services to determine whether the agreements will apply to the new health insurance exchange products, when they are implemented.

Private Health Insurance Exchanges

A growing number of private health insurance exchanges are emerging as a result of the ACA. These alternative exchange offerings are driven by a movement toward defined-contribution plans where employers set the amount that they contribute to the cost of coverage. These private exchanges—which are primarily targeted to serve companies with more than 100 employees who will not be able to participate in state, federal, or small business exchanges under the ACA—in some cases, may compete with the government exchange. Our attorneys have experience providing advice and regulatory counseling on establishing private health insurance exchanges run by private sector companies or nonprofits.

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