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New report: State action on Affordable Care Act's 2014 health insurance market reforms
Date:1/31/2013

ormal action to date, we expect 2013 legislative sessions to be a critical time for state policymakers who wish to limit direct federal enforcement of the reforms and for consumers expecting to benefit from these new protections," said Katie Keith, the study's lead author. "State legislators and regulators should consider whether new legislation or regulationseither to amend existing state law or to give their insurance department more authorityare adequate to ensure meaningful regulatory oversight and promote consumer protections at the state level."

Moving Forward

Despite finding that few states have acted to implement the 2014 health insurance market reforms, the authors expect additional state action in 2013. A prior analysis of state action taken to implement the Affordable Care Act's 2010 health insurance market reforms found that nearly all states ultimately required or encouraged compliance with those reforms, which included bans on lifetime limits on benefits and dependent coverage for young adults up to age 26. The authors note that uncertainty around the law due to last year's Supreme Court challenge and the recent presidential and congressional elections could have caused states to delay taking action on the 2014 market reforms.

In states that do not take new action, additional coordination may be required between state and federal regulators to address enforcement gaps. As states contemplate new action, they are likely to look to how federal regulators define what it means for a state to "substantially enforce" these reforms, and whether this standard will demand that states have explicit enforcement authority.

"It is encouraging that nearly all states took action on the Affordable Care Act's early market reforms in 2010," said Commonwealth Fund president David Blumenthal, M.D. "Now, it is critical that states do the same with these reforms, to help ensure that their residents benefit from secure, affordable h
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Contact: Mary Mahon
mm@cmwf.org
212-606-3853
Commonwealth Fund
Source:Eurekalert

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