Transparency in Coverage Rule

  • General News
    Published April 13, 2021

    Excludes grandfathered plans, Medicare, personal funding accounts, vision-only, and dental-only plans

    On October 29, 2020, the Department of Health and Human Services (HHS), the Department of Labor, and the Department of the Treasury jointly released the final Transparency in Coverage ruling, which implements the section 1311(e)(3) of the Affordable Care Act. The rule requires group health plans and health insurers to post in-network and out-of-network rates they negotiate with providers that must be in a machine-readable format. Insurers must also develop online price transparency tools to give consumers and other stakeholders cost-sharing information.

    Please be aware there are currently multiple regulations that have many similar requirements to the Transparency in Coverage rule; for example, the Surprise Balance Billing and the Consolidated Appropriations Act. The information in this article is specific to the Transparency in Coverage ruling only.

    What will Premera do and when?

    Premera has a standard process for implementing all new requirements that impact us and our customers. Implementation efforts have begun, and we have a company-wide, cross-functional team working as part of an implementation project to ensure we are in compliance with all aspects of the new requirements. Per the new requirements, here are the timelines Premera will follow.

    Public Access Requirement

    The Public Access Requirement goes into effect for plan years (policy years in the individual market) beginning on or after January 1, 2022. Group Health plans and health insurers must make three separate machine-readable files publicly available. The files must be updated monthly and include the following detailed pricing information: 

    • In-network: Negotiated rates for all covered items and services between the plan or issuer and in-network providers.
    • Out of network: Historical payments to, and billed charges from, out-of-network providers
    • Prescription drugs: In-network negotiated rates and historical net prices for all covered prescription drugs at the pharmacy location level.

    The Cost-Sharing Information Requirement

    The Cost-Sharing Information Requirement makes available personalized out-of-pocket cost information, and the underlying negotiated rates, for services through an internet-based self-service tool and in paper form upon request. The Cost-Sharing Information Requirement goes into effect for plan (or policy) years beginning on or after:

    • January 1, 2023 for estimates concerning 500 specific items and services; an
    • January 1, 2024 for estimates on all items and services covered by the plan.

    This month, Premera will communicate with provider and employer groups to ensure clarity on this new ruling and to share more information about the final Transparency in Coverage ruling.

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