Final 2022 Insurance Rule Rescinds Trump Administration Policies, Establishes Special Enrollment Period for Low-Income Households

This brief highlights the Departments of Health and Human Services (HHS) and the Treasury’s final rule governing marketplaces and qualified health plans sold through the marketplaces in 2022.

The final rule largely codifies changes proposed in June including several changes to rescind policies made under the prior administration, such as: repealing prior guidance on 1332 state innovation waivers that significantly broadened the interpretation of the legislative guardrails governing affordability and comprehensiveness standards of waiver proposals;  reinstating requirements for Navigators to engage in post-enrollment activities including assistance with eligibility appeals, tax credit reconciliation, and support for consumers with how to use coverage; repealing a currently unutilized option for states to use Direct Enrollment entities to operate their marketplace; and repealing a requirement for issuers to send separate bills and collect separate payments to cover non-Hyde abortion services.