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Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Rules and Regulations
score error rate as result of risk adjustment data validation, under the process set forth in 156.1220 of this subchapter.

g
4 The issuer only offered small group market carryover coverage during the benefit year that is being audited.
5 The issuer was the sole issuer in the state market risk pool during the benefit year that is being audited and did not participate in any other market risk pools in the State during the benefit year that is being audited.
22. Section 153.710 is amended a. By redesignating paragraphs e through g, as paragraphs f through h, respectively;
b. By adding a new paragraph e; and c. In newly redesignated paragraph h introductory text by removing the reference paragraph g3 and adding in its place the reference paragraph h3.
The addition reads as follows:
153.710

Data requirements.

e Materiality threshold. HHS will consider a discrepancy reported under paragraph d2 of this section to be material if the amount in dispute is equal to or exceeds 1 percent of the applicable payment or charge payable to or due from the issuer for the benefit year, or $100,000, whichever is less.

PART 155EXCHANGE
ESTABLISHMENT STANDARDS AND
OTHER RELATED STANDARDS
UNDER THE AFFORDABLE CARE ACT

web-broker business entity that is not a licensed agent or broker under State law and has been engaged or created by, or is owned by an agent or broker, to provide technology services to facilitate participation in direct enrollment under 155.220c3 and 155.221.

Qualified health plan issuer direct enrollment technology provider means a business entity that provides technology services or provides access to an information technology platform to QHP
issuers to facilitate participation in direct enrollment under 155.221 or 156.1230, including a web-broker that provides services as a direct enrollment technology provider to QHP issuers. A
QHP issuer direct enrollment technology provider that provides technology services or provides access to an information technology platform to a QHP issuer will be a downstream or delegated entity of the QHP issuer that participates or applies to participate as a direct enrollment entity.

Web-broker means an individual agent or broker, group of agents or brokers, or business entity registered with an Exchange under 155.220d1
that develops and hosts a non-Exchange website that interfaces with an Exchange to assist consumers with direct enrollment in QHPs offered through the Exchange as described in 155.220c3 or 155.221. The term also includes an agent or broker direct enrollment technology provider.
25. Section 155.205 is amended by revising paragraphs c2iB, c2iiiB, c2iv introductory text, and c2ivC to read as follows:

23. The authority citation for part 155
continues to read as follows:

155.205 Consumer assistance tools and programs of an Exchange.

Authority: 42 U.S.C. 1802118024, 18031
18033, 1804118042, 18051, 18054, 18071, and 1808118083.

24. Section 155.20 is amended by a. Adding, in alphabetical order, the definition of Agent or broker direct enrollment technology provider;
b. Removing the definition of Direct enrollment technology provider;
c. Adding, in alphabetical order, the definition of Qualified health plan issuer direct enrollment technology provider;
d. Revising the definition of Webbroker.
The additions and revision read as follows:

155.20

Definitions.

Agent or broker direct enrollment technology provider means a type of
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c
2
i
B For a web-broker, beginning November 1, 2015, or when such entity has been registered with the Exchange for at least 1 year, whichever is later, this standard also includes telephonic interpreter services in at least 150
languages.

iii
B For a web-broker, beginning when such entity has been registered with the Exchange for at least 1 year, this standard also includes taglines on website content and any document that is critical for obtaining health insurance coverage or access to health care services through a QHP for qualified individuals, applicants, qualified
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employers, qualified employees, or enrollees. Website content or documents are deemed to be critical for obtaining health insurance coverage or access to health care services through a QHP if they are required to be provided by law or regulation to a qualified individual, applicant, qualified employer, qualified employee, or enrollee. Such taglines must indicate the availability of language services in at least the top 15
languages spoken by the limited English proficient population of the relevant State or States, as determined in guidance published by the Secretary. A
web-broker that is licensed in and serving multiple States may aggregate the limited English populations in the States it serves to determine the top 15
languages required for taglines. A webbroker may satisfy tagline requirements with respect to website content if it posts a Web link prominently on its home page that directs individuals to the full text of the taglines indicating how individuals may obtain language assistance services, and if it also includes taglines on any critical standalone document linked to or embedded in the website.
iv For Exchanges, QHP issuers, and web-brokers, website translations.

C For a web-broker, beginning on the first day of the individual market open enrollment period for the 2017 benefit year, or when such entity has been registered with the Exchange for at least 1 year, whichever is later, content that is intended for qualified individuals, applicants, qualified employers, qualified employees, or enrollees on a website that is maintained by the webbroker must be translated into any nonEnglish language that is spoken by a limited English proficient population that comprises 10 percent or more of the population of the relevant State, as determined in guidance published by the Secretary.

26. Section 155.220 is amended by adding paragraph c6 to read as follows:
155.220 Ability of States to permit agents and brokers and web-brokers to assist qualified individuals, qualified employers, or qualified employees enrolling in QHPs.

c
6 In addition to applicable requirements under 155.221b4, a web-broker must demonstrate operational readiness and compliance with applicable requirements prior to the web-brokers internet website being used to complete an Exchange eligibility application or a QHP selection, which
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