Memo granting indefinite extension of transition plans

THE STATE OF WYOMING Mark Gordon Department of Insurance Jeffrey P. Rude Governor Commissioner 106 E. 6th Ave. ▪ Cheyenne, Wyoming 82002 Administration (307) 777-7401 ▪ Fax (307) 777-2446 ▪ https://doi.wyo.gov/ ▪ Licensing (307) 777-7319 ▪ Consumer Affairs (307) 777-7402 To: All Companies Writing Individual & Small Group Health Insurance in Wyoming From: Jeffrey P. Rude, Insurance Commissioner Date: May 5, 2022 Subject: Extension of Transition Plans On March 23, 2022, the Center for Consumer Information and Insurance Oversight (CCIIO) issued guidance that allows states the option to extend transitional policies for individual and small group health insurance plans to policy years beginning after October 1, 2022. The bulletin from CIIO can be found at: https://www.cms.gov/files/document/extension-limited-non-enforcement-policy-throughcalendar-year-2023-and-later-benefit-years.pdf Under this guidance, states may allow issuers that have renewed coverage under the non-enforcement policy continually since 2014 to renew such coverage for policy years beginning October 1, 2022. The CCIIO guidance further states that the extended non-enforcement policy would remain in effect until Centers for Medicare & Medicaid Services (CMS) announces that coverage renewed under this non-enforcement policy must come into compliance with the relevant requirements. Pursuant to the option provided to the states by CCIIO, the State of Wyoming will allow transitional policies for both the individual and small group health insurance markets to continue indefinitely until CMS announces that coverage renewed under their non-enforcement policy must come into compliance with the relevant requirements. Carriers who wish to renew coverage under the extended non-enforcement policy must, for each policy year, comply with the notice and rate increase requirements identified in the March 23, 2022 guidance from CCIIO. A carrier is not required to continue to offer the transitional policies and may discontinue them, subject to state and federal rules on discontinuance, at their discretion. The Department advises insurers to continue to monitor CCIIO’s website for any subsequent guidance that may be issued on this subject and to follow it accordingly. As before, all other plans issued after January 1, 2014 must be compliant with the Affordable Care Act (ACA). The Department is not requiring insurers to renew their transitional policies. Insurers may determine at their discretion whether to renew transitional policies, so long as the determination is made on a non-discriminatory basis. Furthermore, consumers may not purchase new transitional 2 policies or switch to a different insurer to replace an existing transitional policy. Transitional policies that have been cancelled cannot be reinstated. Questions regarding this notice can be directed to Tana Howard, Section Manager at Tana.Howard@wyo.gov. The Department’s main desk can be reached at 307-777-7401 and the receptionist will see that your calls are directed to the appropriate person.