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HHS/CMS RIN: 0938-AV41 Publication ID: Fall 2024 
Title: HHS Notice of Benefit and Payment Parameters for 2026 (CMS-9888) 
Abstract:

This annual final rule sets forth payment parameters and provisions related to the risk adjustment programs; cost-sharing parameters; and user fees for issuers offering plans on Federally-facilitated Exchanges and State-based Exchanges using the Federal platform.  It also provides additional standards for several other Affordable Care Act programs.  

Intention of Future Rulemaking: HHS and the Departments of Labor and Treasury intend to issue a future notice of proposed rulemaking to respond to the issues arising out of HIV and Hepatitis Policy Institute et al. v. U.S. Department of Health and Human Services et al., Civil Action No. 22-2604, which found the underlying statutory definition of cost sharing ambiguous and remanded to HHS to resolve the ambiguity and address the applicability of the annual limit on cost sharing to drug manufacturer support.

 
Agency: Department of Health and Human Services(HHS)  Priority: Section 3(f)(1) Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Pub. L. 111-148, title I   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  10/10/2024  89 FR 82308   
NPRM Comment Period End  11/12/2024 
Final Action  01/00/2025 
Regulatory Flexibility Analysis Required: YES  Government Levels Affected: Federal, State 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
Agency Contact:
Rogelyn McLean
Senior Advisor
Department of Health and Human Services
Centers for Medicare & Medicaid Services
Center for Consumer Information and Insurance Oversight, MS: W-08-159, 7500 Security Boulevard,
Baltimore, MD 21244
Phone:202 380-8211
Email: rogelyn.mclean@cms.hhs.gov