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HHS/CMS RIN: 0938-AV57 Publication ID: Spring 2025 
Title: Enhancing Coverage of Preventive Services Under the Affordable Care Act (CMS-9887) 
Abstract:

The proposed rule was formally withdrawn on January 15, 2025. This rule would amend the regulations implementing the Affordable Care Act’s requirement that non-grandfathered group health plans and health insurance issuers offering non-grandfathered group or individual health insurance coverage cover recommended preventive services without cost sharing. Among other actions, the rule would take steps to expand access to certain recommended preventive items and services that are available over-the-counter; require coverage of certain preventive drugs and drug-led devices in a manner that minimizes barriers to accessing the drug or drug-led device of one’s choice; reduce the likelihood that individuals face unexpected out-of-pocket costs when they receive preventive services; and ensure medical management techniques are reasonable and do not unduly prevent individuals from accessing certain preventive services. Together, these actions would make it easier for covered individuals to access certain preventive services and improve health outcomes.

 
Agency: Department of Health and Human Services(HHS)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: Yes  Unfunded Mandates: No 
EO 14192 Designation: Other 
CFR Citation: 45 CFR 147   
Legal Authority: Public Health Service Act, Sec. 2713   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  10/28/2024  89 FR 85750   
NPRM Comment Period End  12/27/2024 
NPRM Withdrawn  01/15/2025  90 FR 3728   
Regulatory Flexibility Analysis Required: YES  Government Levels Affected: Federal, Local, State 
Small Entities Affected: Businesses  Federalism: Yes 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: Yes 
Related Agencies: Joint: TREAS/IRS, DOL/EBSA; 
Agency Contact:
Lindsey Murtagh
Director, Division of Regulations and Policy
Department of Health and Human Services
Centers for Medicare & Medicaid Services
Center for Consumer Information and Insurance Oversight, 7500 Security Boulevard,
Baltimore, MD 21244
Phone:301 492-4106
Email: lindsey.murtagh@cms.hhs.gov