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Trump Administration Releases Proposed Rule


On Wednesday, February 15th, 2017 a health policy action was released by the Trump administration in the form of a proposed rule intended to stabilize both the individual and small group markets in 2018. 

Among the more notable proposed changes:

  • A change to the 2018 open enrollment period. Currently, that period is November 1st, 2017 – January 31st, 2018. The proposed change is from November 1st, 2017 – December 15th, 2017. This cuts the enrollment time in half and also overlaps with Medicare’s annual enrollment period. One of the reasons for this proposed change is the potential to reduce adverse selection when those who attempt to enroll in late December, early January learn they may need services.
  • A revised interpretation of the guaranteed availability requirement as it relates to issuers applying premium payments to an individual’s past debt owed for coverage provided by the same issuer within the prior 12 months. This proposal is an effort to curb the economic incentive of those who pay premiums only when they need medical services. It is also hoped that it will lead individuals to maintain continuous coverage.
  • An increase in the de minimis variation in the actuarial value used to determine metal level coverage in 2018. This is being proposed to allow issuers greater flexibility in plan designs. There will be no change to the de minimis variation of silver metal plans.
  • The proposal contains a commitment to soon issue a revised timeline for health insurance issuers to decide if they would like to participate as qualified health plans in the individual and SHOP exchange marketplaces for plan year 2018. The revised timeline is intended to provide issuers with additional time to implement the market reform changes proposed in this rule.

There are additional proposed changes so there is a link to the full proposed rule below.

For additional information, questions or concerns, please feel free to contact David Mordo at or 732-837-9229

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