The Affordable Care Act (ACA) identified ten categories of services and items to be included in essential health benefits (EHBs), and specified that the scope of EHBs must be equal to the scope of benefits provided under a typical employer plan. The ten categories include: ambulatory patient services; emergency services; hospitalization; maternity and newborn care; mental health and substance use disorder services, including behavioral health treatment; prescription drugs; rehabilitative and habilitative services and devices; laboratory services; preventive and wellness services and chronic disease management; and pediatric services, including oral and vision care.
A white paper issued in December by the Department of Health and Human Services’s Office of the Assistant Secretary for Planning and Evaluation (ASPE) found there is little variation in services covered by small group products and state and federal employee plans. Much of the variation in value and benefit costs instead pertains to cost sharing, as opposed to covered services and items.
The paper addresses four points. First, it identifies the categories of items and services included under EHB. Second, it suggests that small group products and State and Federal employee plans cover similar services. Third, it reports that only a few specific services appear to vary across and within markets. Fourth, it highlights that coverage in some of the statutory EHB categories, such as behavioral health treatment, habilitative services, and pediatric oral and vision services, are limited.
HHS issued a guidance bulletin in December, saying that it intends to allow states to use existing health plans in their states as benchmarks for “essential health benefits” (EHBs) that must be offered by “non-grandfathered” individual and small group plans that went into effect after the enactment of the ACA. The EHB requirement is also applicable to plans modeled on Medicaid benchmarks and Basic Health Program (BHP) plans.
May 9, 2012
In February 2012, CMS issued a supplemental document entitled Frequently Asked Questions on Essential Health Benefits Bulletin. This supplement to the December 16th Bulletin provides answers to 22 questions arising from the December 16th Bulletin itself. Highlights are as follows:
April 20, 2012
This update to our March 2012 implementation brief reviews recent implementation efforts by the Administration in connection with coverage of contraceptives as a required element of required preventive services for all individual and (non-grandfathered) group health plans under the Affordable Care Act. The earlier brief reviewed the Administration’s final rules defining the scope of contraception coverage, as well as the scope of the religious exemption that would apply to employers that seek an exemption from this coverage requirement. Reflecting prior law on this matter, the final rule preserved...
March 2, 2012
Recent federal regulations requiring insurance coverage of contraception have generated controversy, especially as applied to religious employers. The requirement stems from an ACA provision requiring insurance coverage of preventive services. Section 2713 of the Public Health Service Act, as added by Section 1001 of the Patient Protection and Affordable Care Act (ACA), requires group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage without cost-sharing for certain preventive services, including preventive treatments and services for women recommended by The Health Resources and Services Administration (HRSA) in guidelines. The preventive services provisions of the Act...
December 20, 2011
On December 16, 2011, the HHS Center for Consumer Information and Insurance Oversight (CCIIO) released an Essential Health Benefits Bulletin, whose purpose is to “provide information and solicit comments on the regulatory approach that the Department of Health and Human Services (HHS) plans to propose to define essential health benefits under section 1302 of the Affordable Care Act.” Comments on the Bulletin can be sent directly to EssentialHealthBenefits@cms.hhs.gov and will be accepted until January 31, 2011
October 21, 2011
Under the Affordable Care Act (ACA) beginning January 1, 2014, state insurance Exchanges become operational and comprehensive insurance market reforms take effect. One of the most significant market reforms is the requirement that all health insurance plans sold in the individual and small group (100 employees or fewer) markets – whether sold outside or inside state insurance Exchanges – cover “essential health benefits” (EHBs). The definition of EHBs also will apply to Medicaid “benchmark” plans, the specified coverage standard for individuals made newly eligible by the ACA’s Medicaid expansions.
February 17, 2012
On December 16, 2011, the Department of Health and Human Services (HHS)
released a Bulletin describing the approach it intends to take in future rulemaking to define the essential health benefits (EHB) under the Affordable Care Act. This
document of frequently asked questions (FAQs) is intended to provide additional guidance on HHS’s intended approach to defining EHB. This bulletin describes a comprehensive, affordable and flexible proposal and informs the public about the approach that HHS intends to pursue in rulemaking to define EHB. HHS intends to propose that EHB are defined using a benchmark approach. Under the department’s intended approach, states would have the flexibility to select a benchmark plan that reflects the scope of services offered by a “typical employer plan.” This approach would give states the flexibility to select a plan that would best meet the needs of their citizens.
December 20, 2011
On December 16, 2011, the HHS Center for Consumer Information and Insurance Oversight (CCIIO) released an Essential Health Benefits Bulletin, whose purpose is to “provide information and solicit comments on the regulatory approach that the Department of Health and Human Services (HHS) plans to propose to define essential health benefits under section 1302 of the Affordable Care Act.” Comments on the Bulletin can be sent directly to EssentialHealthBenefits@cms.hhs.gov and will be accepted until January 31, 2011
December 16, 2011
The U.S. Department of Health and Human Services (HHS) has issued a pre-rule
informational Bulletin which lays out its proposed approach for determining the Essential Benefits package required of all qualified health plans (QHPs) under the Affordable Care Act (ACA). HHS deferred to States' judgment by allowing a State to create a benchmark essential benefits package from a currently-available plan within the State, as long as the package includes benefits from the ten benefit categories laid out in the ACA. HHS proposes that States choose the benchmark plan from a list of plan types:
- One of the three largest small group plans in the State by enrollment
- One of the three largest State employee health plans by enrollment
- One of the three largest federal employee health plan options by enrollment
- The largest HMO plan offered in the State’s commercial market by enrollment
If a State does not select a benchmark plan, HHS intends to propose that the default benchmark be the benefits package from the largest small group plan within the State.
For more information on Essential Benefits, click
here.
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