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Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Rules and Regulations
g. Revising paragraph e1.
The revisions and additions read as follows:

155.420

Special enrollment periods.

a
4
ii
B Beginning January 2022, if an enrollee and his or her dependents become newly ineligible for cost-sharing reductions in accordance with paragraph d6i or ii of this section and are enrolled in a silver-level QHP, the Exchange must allow the enrollee and his or her dependents to change to a QHP one metal level higher or lower, if they elect to change their QHP
enrollment; or C No later than January 1, 2024, if an enrollee and his or her dependents become newly ineligible for advance payments of the premium tax credit in accordance with paragraph d6i or ii of this section, the Exchange must allow the enrollee and his or her dependents to change to a QHP of any metal level, if they elect to change their QHP enrollment;
iii For the other triggering events specified in paragraph d of this section, except for paragraphs d2i, 4, 6i and 6ii of this section for becoming newly eligible or ineligible for CSRs or, no later than January 1, 2024
newly ineligible for APTC, d8, 9, 10 and 12 of this section:

b
2
iv If a qualified individual, enrollee, or dependent, as applicable, loses coverage as described in paragraph d1 or d6iii of this section, gains access to a new QHP as described in paragraph d7 of this section, becomes newly eligible for enrollment in a QHP
through the Exchange in accordance with 155.305a2 as described in paragraph d3 of this section, becomes newly eligible for advance payments of the premium tax credit in conjunction with a permanent move as described in paragraph d6iv of this section, or is enrolled in COBRA continuation coverage and employer contributions to or government subsidies of this coverage completely cease as described in paragraph d15 of this section, and if the plan selection is made on or before the day of the triggering event, the Exchange must ensure that the coverage effective date is the first day of the month following the date of the triggering event. If the plan selection is made after the date of the triggering event, the Exchange must ensure that coverage is effective in accordance with paragraph b1 of this section or on the
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first day of the following month, at the option of the Exchange.

5 Option for earlier effective dates due to untimely notice of triggering event. At the option of a qualified individual, enrollee or dependent who is eligible to select a plan during a period provided for under paragraph c5 of this section, the Exchange must provide the earliest effective date that would have been available under paragraph b of this section, based on the applicable triggering event under paragraph d of this section.
c
2 Advanced availability. A qualified individual or his or her dependent who is described in paragraph d1, d6iii, or d15 of this section has 60 days before or after the triggering event to select a QHP. At the option of the Exchange, a qualified individual or his or her dependent who is described in paragraph d7 of this section; who is described in paragraph d6iv of this section and becomes newly eligible for advance payments of the premium tax credit as a result of a permanent move to a new State; or who is described in paragraph d3 of this section and becomes newly eligible for enrollment in a QHP through the Exchange because he or she newly satisfies the requirements under 155.305a2, has 60 days before or after the triggering event to select a QHP.

5 Availability for individuals who did not receive timely notice of triggering events. If a qualified individual, enrollee, or dependent did not receive timely notice of an event that triggers eligibility for a special enrollment period under this section, and otherwise was reasonably unaware that a triggering event described in paragraph d of this section occurred, the Exchange must allow the qualified individual, enrollee, or when applicable, his or her dependent to select a new plan within 60 days of the date that he or she knew, or reasonably should have known, of the occurrence of the triggering event.

d
15 The qualified individual or his or her dependent is enrolled in COBRA
continuation coverage for which an employer is paying all or part of the premiums, or for which a government entity is providing subsidies, and the employer completely ceases its contributions to the qualified individuals or dependents COBRA
continuation coverage or government
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subsidies completely cease. The triggering event is the last day of the period for which COBRA continuation coverage is paid for or subsidized, in whole or in part, by an employer or government entity. For purposes of this paragraph, COBRA continuation coverage has the meaning provided for in 144.103 of this subchapter and includes coverage under a similar State program.
e
1 Failure to pay premiums on a timely basis, including COBRA
continuation coverage premiums prior to expiration of COBRA continuation coverage, except for circumstances in which an employer completely ceases its contributions to COBRA
continuation coverage, or government subsidies of COBRA continuation coverage completely cease as described in paragraph d15 of this section, or

PART 156HEALTH INSURANCE
ISSUER STANDARDS UNDER THE
AFFORDABLE CARE ACT, INCLUDING
STANDARDS RELATED TO
EXCHANGES
30. The authority citation for part 156
is revised to read as follows:

Authority: 42 U.S.C. 1802118024, 18031
18032, 1804118042, 18044, 18054, 18061, 18063, 18071, 18082, and 26 U.S.C. 36B.

31. Section 156.50 is amended by a. Revising the heading for paragraph c;
b. Revising paragraph c2;
c. Adding paragraph c3;
d. Revising the heading for paragraph d; and e. Revising paragraphs d1
introductory text, d2 introductory text, d2iA, B, d2ii, d2iiiB, d3 introductory text, d4 through 6, and d7
introductory text.
The revisions and addition read as follows:

156.50

Financial support.

c Requirement for Exchange user fees.

2 To support the functions of State Exchanges on the Federal platform, unless the State Exchange and HHS
agree on an alternative mechanism to collect the funds, a participating issuer offering a plan through a State Exchange on the Federal Exchange platform for certain Exchange functions described in 155.200 of this subchapter, as specified in a Federal platform agreement, must remit a user fee to
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