The final rule prohibits covered entities from discriminating on the basis of race, color, national origin, sex, age or disability when providing or administering health-related insurance or other health-related coverage. This prohibition applies to all health insurance issuers that are recipients of Federal financial assistance, which includes premium tax credits and cost sharing reductions associated with coverage offered through the Health Insurance Marketplaces or Medicare Parts A, C and D payments.
Issuers participating in the Marketplaces are receiving Federal financial assistance through advanced premium tax credits and cost-sharing reduction subsidies and therefore must comply with Section 1557 in the plans that they offer. Absent any defense, issuers that are principally engaged in providing health insurance are covered for all of their activities, including off-Marketplace plans.Issuers participating in the Marketplaces are receiving Federal financial assistance through advanced premium tax credits and cost-sharing reduction subsidies and therefore must comply with Section 1557 in the plans that they offer. Absent any defense, issuers that are principally engaged in providing health insurance are covered for all of their activities, including off-Marketplace plans.[30]
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Under the regulation, any age distinction contained in a regulation issued by HHS is presumed to be necessary to the achievement of a statutory objective of the program. For example, regulations issued by HHS implementing the Affordable Care Act permit health insurance issuers in the individual and small group markets to charge premiums based on age, within a 3:1 ratio. Thus, age rating within these parameters is permissible under the Section 1557 regulation.
It is important to note that Grenelle II hit a snag after its passage in 2010. The law was to go into effect in January 2011, but the French National Assembly postponed implementation following heavy lobbying by an influential economic sector. The initial phase of the law is experimental yet involves 1,000 products made or traded by 168 companies. 2ff7e9595c
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