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Discussion of Potential Responses to HHS Rulemaking

This session provided an overview of three recent proposed rules related to MACPAC’s work:

  • The 2024 notice of benefit and payment parameters for health insurance exchanges, which includes provisions related to transitions between Medicaid, the State Children’s Health Insurance Program (CHIP), and exchange coverage. This session provided an overview of the two of the changes in the proposed rule and relevant MACPAC work on churn and gaps in coverage and transitions between insurance affordability programs that can serve as the basis for comments.
  • A Centers for Medicare and Medicaid (CMS) notice of proposed rulemaking, published December 14, 2022, that would make technical changes to the Medicare Advantage and Medicare Part D programs for contract year 2024, including dual-eligible special needs plans (SNPs) – an area of focus for the Commission because of their widespread availability and the number of dually eligible beneficiaries enrolled in them; and
  • An HHS notice of proposed rulemaking, published December 2, 2022, that would make changes to substance use disorder (SUD) patient privacy protections under 42 CFR Part 2 (Part 2), which implements provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES) and further aligns Part 2 with the privacy protections under the Health Insurance Portability and Accountability Act (HIPAA).

The Commission discussed potential areas for comment.