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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Proposed Rules
enrollment process, and premium tax credit reconciliations.

155.221

Amended
13. Amend 155.221 by removing paragraph j.
14. Amend 155.410 by revising paragraph e3 and adding paragraph e4.
The revision and addition read as follows:

155.410 Initial and annual open enrollment periods.

e
3 For the benefit years beginning on January 1, 2018 to January 1, 2021, the annual open enrollment period begins on November 1 and extends through December 15 of the calendar year preceding the benefit year.
4 For the benefit years beginning on or after January 1, 2022, the annual open enrollment period begins on November 1 of the calendar year preceding the benefit year and extends through January 15 of the benefit year.

15. Amend 155.420 by a. Revising paragraph a4iiC;
b. Adding paragraph a4iiD;
c. Revising paragraph a4iii introductory text; and d. Adding paragraphs b2vii, d16, and f.
The revision and additions read as follows:
155.420

Special enrollment periods.

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a
4
ii
C No later than January 1, 2024, if an enrollee or 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 or his or her dependents to change to a QHP of any metal level, if they elect to change their QHP enrollment; or D If an enrollee or his or her dependents qualify for a special enrollment period in accordance with paragraph d16 of this section and are not enrolled in a silver-level QHP, the Exchange must allow the enrollee and his or her dependents to change to a silver-level QHP 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, d4, and d6i and ii of this section for becoming newly eligible or
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ineligible for CSRs and paragraphs d8, 9, 10, 12, 14, and 16 of this section:

b
2
vii If a qualified individual or enrollee, or the dependent of a qualified individual or enrollee, who is eligible for advance payments of the premium tax credit, and whose household income, as defined in 26 CFR 1.36B
1e, is expected to be no greater than 150 percent of the federal poverty level, enrolls in a QHP or changes from one QHP to another one time per month in accordance with paragraph d16 of this section, the Exchange must ensure that coverage is effective in accordance with paragraph b1 of this section or on the first day of the month following plan selection, at the option of the Exchange.

d
16 At the option of the Exchange, a qualified individual or enrollee, or the dependent of a qualified individual or enrollee, who is eligible for advance payments of the premium tax credit, and whose household income, as defined in 26 CFR 1.36B1e, is expected to be no greater than 150
percent of the federal poverty level, may enroll in a QHP or change from one QHP to another one time per month.

f For purposes of this section, references to eligibility for advance payments of the premium tax credit refer to being eligible for such advance payments in an amount greater than zero dollars per month. References to ineligibility for advance payments of the premium tax credit refer to being ineligible for such payments or being eligible for such payments but being eligible for a maximum of zero dollars per month of such payments.

16. Amend 155.1308 by revising paragraphs f3iv introductory text and f3ivA through C to read as follows:
155.1308

Application procedures.

f
3
iv The analyses, actuarial certifications, data, assumptions, targets, and other information set forth in paragraph f4 of this section sufficient to provide the Secretary and the Secretary of the Treasury, as applicable, with the necessary data to determine that the States proposed waiver satisfies the general requirements for approval
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under section 1332b1 of the Affordable Care Act consistent with the provisions of this paragraph f3iv;
A As required under section 1332b1A of the Affordable Care Act the comprehensive coverage requirement, will provide coverage that is at least as comprehensive as the coverage defined in section 1302b of the Affordable Care Act and offered through Exchanges established under the Affordable Care Act as certified by the Office of the Actuary of the Centers for Medicare & Medicaid Services based on sufficient data from the State and from comparable States about their experience with programs created by the Affordable Care Act and the provisions of the Affordable Care Act that the State seeks to waive. To satisfy the comprehensive coverage requirement, the Secretary and the Secretary of the Treasury, as applicable, must determine that the coverage under the State plan is forecasted to be at least as comprehensive overall for residents of the state as coverage absent the waiver;
B As required under section 1332b1B of the Affordable Care Act the affordability requirement, will provide coverage and cost sharing protections against excessive out-ofpocket spending that are at least as affordable as the provisions of Title I of the Affordable Care Act would provide.
To satisfy the affordability requirement, the Secretary and the Secretary of the Treasury, as applicable, must determine that the coverage under the State plan is forecasted to be at least as affordable overall for state residents as coverage absent the waiver;
C As required under section 1332b1C of the Affordable Care Act the scope of coverage requirement, will provide coverage to at least a comparable number of its residents as the provisions of Title I of the Affordable Care Act would provide. To satisfy the scope of coverage requirement, the Secretary and the Secretary of the Treasury, as applicable, must determine that the State plan will provide coverage to a comparable number of state residents under the waiver as would have coverage absent the waiver; and

17. Amend 155.1318 by a. Revising the section heading;
b. Revising paragraphs a and b3;
and c. Adding paragraphs b5 and g.
The revisions and addition read as follows:

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