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Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations PART 147HEALTH INSURANCE
REFORM REQUIREMENTS FOR THE
GROUP AND INDIVIDUAL INSURANCE
MARKETS
9. The authority citation for part 147
continues to read as follows:

Authority: 42 U.S.C. 300gg through 300gg 63, 300gg91, and 300gg92, as amended, and section 3203, Pub. L. 116136, 134 Stat.
281.

10. Amend 147.104 by revising paragraphs b2iE and F and adding paragraph b2iG to read as follows:

147.104 Guaranteed availability of coverage.

b
2
i
E Section 155.420d12 of this subchapter concerning plan and benefit display errors;
F Section 155.420d13 of this subchapter concerning eligibility for insurance affordability programs or enrollment in the Exchange; and G Section 155.420d16 of this subchapter concerning eligibility for advance payments of the premium tax credit and household income, as defined in 26 CFR 1.36B1e, that is expected to be no greater than 150
percent of the Federal poverty level.

PART 155EXCHANGE
ESTABLISHMENT STANDARDS AND
OTHER RELATED STANDARDS
UNDER THE AFFORDABLE CARE ACT
11. The authority citation for part 155
continues to read as follows:

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

12. Amend 155.210 by revising paragraph e9 to read as follows:

155.210

Navigator program standards.

lotter on DSK11XQN23PROD with RULES2

e
9 The Exchange may require or authorize Navigators to provide information and assistance with any of the following topics. In federallyfacilitated Exchanges, FY 2021
Navigator grantees will be required to perform these duties beginning with the Navigator grant funding awarded in FY
2022 for the second 12-month budget period of the 36-month period of performance. Beginning with Navigator grants awarded in 2022, including noncompeting continuation awards, Navigators are required to provide
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information and assistance with all of the following topics:
i Understanding the process of filing Exchange eligibility appeals;
ii Understanding and applying for exemptions from the requirement to maintain minimum essential coverage granted through the Exchange;
iii The Exchange-related components of the premium tax credit reconciliation process, and understanding the availability of IRS
resources on this process;
iv Understanding basic concepts and rights related to health coverage and how to use it; and v Referrals to licensed tax advisers, tax preparers, or other resources for assistance with tax preparation and tax advice related to consumer questions about the Exchange application and enrollment process, and premium tax credit reconciliations.

155.221

Amended
13. Amend 155.221 by removing paragraph j.
14. Amend 155.410 by a. Revising paragraph e3;
b. Adding paragraph e4;
c. Revising paragraph f2
introductory text; and d. Adding paragraph f3.
The revisions and additions read as follows:

155.410 Initial and annual open enrollment periods.

e
3 For the benefit years beginning on January 1, 2018 through 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
i Subject to paragraph e4ii of this section, 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.
ii For State Exchanges not utilizing the Federal platform, for the benefit years beginning on or after January 1, 2022, an alternative annual open enrollment period end date may be adopted, provided the end date is no earlier than December 15 of the calendar year preceding the benefit year.
f
2 For the benefit years beginning on January 1, 2016 through January 1, 2021, the Exchange must ensure coverage is effective

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3 For benefit years beginning on or after January 1, 2022, the Exchange must ensure that coverage is effective i Subject to paragraph f3ii of this section A January 1, for QHP selections received by the Exchange on or before December 15 of the calendar year preceding the benefit year.
B February 1, for QHP selections received by the Exchange from December 16 of the calendar year preceding the benefit year through January 15 of the benefit year.
C The first of the following month, for QHP selections received by the 15 of a month after January, if applicable under paragraph e4ii of this section.
D The first of the second following month, for plan selections received between the 16th and the end of a month, beginning January 16 of the benefit year, if applicable under paragraph e4ii of this section.
ii For State Exchanges not utilizing the Federal platform, for a QHP
selection received by the Exchange during the open enrollment period for which effective dates specified in paragraph f3i of this section would apply, the Exchange may provide a coverage effective date that is earlier than specified in such paragraph.

15. Amend 155.420
a. In paragraph a4iiB, by removing the phrase enrollment; or and adding in its place enrollment;;
b. By revising paragraph a4iiC;
c. By adding paragraph a4iiD;
d. By revising paragraph a4iii introductory text; and e. By adding paragraphs b2vii, d16, and f.
The revision and additions read as follows:
155.420

Special enrollment periods.

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 and 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 enrolled dependents qualify for a special enrollment period in accordance with paragraph d16 of this section, the Exchange must allow the enrollee and his or her enrolled dependents to change to any available silver-level QHP

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