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On Dec. 4, 2020, the Department of Health and Human Services (HHS) published its proposed Notice of Benefit and Payment Parameters for 2022.

Proposed standards in the rule include:

  • Updated annual limitations on cost sharing: The 2022 maximum annual limit on cost sharing is proposed to increase to $9,100 for self-only coverage and $18,200 for other than self-only coverage.
  • The individual mandate’s affordability exemption: The 2022 required contribution percentage is proposed to increase to 8.74%.
  • Special enrollment periods (SEPs) in the Exchanges: The proposed rule would revise certain existing rules related to SEPs.

Comments on the proposed rule must be submitted by Dec. 30, 2020. HHS will review and incorporate public comments when finalizing these proposed standards.

If finalized, the provisions included in this proposed rule would generally apply for the 2022 benefit year. Employers may not rely on these proposals, and should keep in mind that these proposals may change before being finalized.

HHS also published a fact sheet and press release on the proposed rule.

HHS has issued proposed benefit and payment standards that would apply for the 2022 benefit year.

Important Dates

Dec. 4, 2020

The 2022 Proposed Notice of Benefit and Payment Parameters was published.

Early 2021

The 2022 Notice of Benefit and Payment Parameters is expected to be finalized in early 2021.

2022 Benefit Year

If finalized, the provisions included in the proposed rule would generally apply for the 2022 benefit year.

This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. ©2020 Zywave, Inc. All rights reserved.

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