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January 2013 St@teside

HHS Issues Additional Rules and Guidance

Continuing with its wave of Affordable Care Act-related releases, the U.S. Department of Health and Human Services (HHS) has issued several new rules and guidance. Below is an overview of these releases, including links to the federal documents and fact sheets, when available.

On January 30, the Centers for Medicare and Medicaid Services (CMS) and the Internal Revenue Services (IRS) both released proposed rules explaining the ACA’s shared responsibility provision and the process for determining eligibility for and granting certificates of exemption from the shared provision. Comments on the 
CMS proposed rules are due by March 18, 2013. Comments on the IRS proposed rules are due by May 2, 2013, and a public hearing will be held May 29, 2013. A fact sheet on the rules can be viewed here.

HHS released joint Medicaid and exchange proposed rules addressing appeals and notices, eligibility and enrollment, Alternative Benefit Plans, and Medicaid cost-sharing. Comments on the proposed rules are due no later than February 13, 2013. The proposed rules can be viewed 
here, and a fact sheet on the rules, released by CMS, is available here.  

CMS released a letter to state health officials and Medicaid directors providing guidance on the application of the Mental Health Parity and Addiction Equity Act requirements to Medicaid non-managed care benchmark and benchmark-equivalent plans, the Children’s Health Insurance Program (CHIP), and Medicaid managed care programs. The letter can be viewed 

HHS also released an omnibus rule modifying several provisions in Health Insurance Portability and Accountability Act (HIPAA) intended to enhance patient privacy and protect data. This rule includes modifications to the Notification Breach rule, HIPAA privacy and security rules as mandated by the Health Information for Economic and Clinical Health (HITECH) Act, HIPAA enforcement rule, and the privacy rule in accordance with the Genetic Information Nondiscrimination Act (GINA). The final rule goes into effect March 26, but covered entities and their business associates have until September 23, 2013 to comply. The final rule can be viewed