Documents › Agency rules › 2026-10050
Health and Human Services Department, Centers for Medicare & Medicaid Services, Office of the Secretary
Patient Protection and Affordable Care Act, HHS Notice of Benefit and Payment Parameters for 2027; and Basic Health Program
Published May 20, 2026. Takes effect July 20, 2026, printed at 91 FR 29526, amending 42 CFR 600, 45 CFR 150, 45 CFR 155, 45 CFR 156. 359,178 words.
This changes how the health law is carried out. It covers plans sold to the public.
What the Rule Says It Does
This final rule contains provisions to improve implementation of the Patient Protection and Affordable Care Act, including payment parameters and provisions related to the HHS-operated risk adjustment and risk adjustment data validation (HHS-RADV) programs, as well as 2027 user fee rates for issuers offering qualified health plans (QHPs) through Federally-facilitated Exchanges (FFEs) and State-based Exchanges on the Federal platform (SBE-FPs). This final rule also includes provisions related to civil money penalties (CMPs) for noncompliant issuers and other responsible entities; standards governing agents, brokers, and web-brokers; the expansion and codification of hardship exemption eligibility; implementation of the State Exchange Improper Payment Measurement (SEIPM); provider access standards and essential community provider standards for QHP certification; QHP certification of non-network plans; a prohibition on issuers from including routine non-pediatric dental services as an Essential Health Benefit (EHB); requirements related to defrayal for the cost of any State-required benefits in addition to the EHB; cost- sharing flexibilities for catastrophic and individual market bronze plans; establishment of catastrophic plans with plan terms of up to 10 consecutive plan years; QHP issuer quality improvement strategies (QISs); and revisions affecting which enrollees are included in Federal Basic Health Program (BHP) payment calculations to States. This final rule also includes amendments to implement certain provisions of the Working Families Tax Cut (WFTC) legislation.
This is the rule's own summary, as the Federal Register prints it.
The Order It Names
The rule names this order itself. What it does about it is a reading, and none is recorded here.
On the Face of the Rule
- As filed
[Federal Register Volume 91, Number 97 (Wednesday, May 20, 2026)] [Rules and Regulations] [Pages 29526-29877] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-10050]
Vol. 91
Wednesday,
No. 97
May 20, 2026
Part II
Department of Health and Human Services
Centers for Medicare & Medicaid Services
42 CFR Part 600
Office of the Secretary
45 CFR Parts 150, 155, and 156
Patient Protection and Affordable Care Act, HHS Notice of Benefit and Payment Parameters for 2027; and Basic Health Program; Final Rule
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 600
Office of the Secretary
45 CFR Parts 150, 155, and 156
[CMS-9883-F] RIN 0938-AV62
Patient Protection and Affordable Care Act, HHS Notice of Benefit and Payment Parameters for 2027; and Basic Health Program
- AGENCY
Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS).
- ACTION
Final rule.
- DATES
These regulations are effective on July 20, 2026.
- FOR FURTHER INFORMATION CONTACT
Jeff Wu, (301) 492-4305, Rogelyn McLean, (410) 786-1524, Grace Bristol, (410) 786-8437, for general information.
Ayesha Anwar, (301) 448-3625, or Joshua Paul, (301) 492-4347, for matters related to HHS-operated risk adjustment and HHS-operated risk adjustment data validation.
Aaron Franz, (410) 786-8027 for matters related to user fees.
Brian Gubin, (410) 786-1659, for matters related to agent, broker, and web-broker guidelines.
Zarin Ahmed, (301) 492-4400, for matters related to enrollment of qualified individuals into QHPs and termination of Exchange enrollment or coverage for qualified individuals.
Hannah Armbruster Hill, (301) 492-4343, for matters related to certification standards for QHPs, cost-sharing requirements, and the Actuarial Value Calculator.
Kelly Carda, (312) 886-5210, or Cassandra Thompson, (667) 414-0870, for matters related to Provider Access standards.
Ariana Koenitzer, (410) 786-0724, or Samantha Nguyen Kella, (816) 426-6339, for matters related to Essential Community Provider Standards.
Ariana Koenitzer, (410) 786-0724, or Cassandra Thompson, (667) 414- 0870, for matters related to QHP Certification of Non-Network Plans.
Nikolas Berkobien, (667) 290-9903, for matters related to standardized plan options, non-standardized plan option limits and exceptions.
Jenny Chen, (301) 492-5156, or Shilpa Gogna, (301) 492-4257, for matters related to State Exchange and State Exchange Blueprint requirements.
Rebecca Braun-Harrison, (667) 290-8846, or Nia Blasingame, (470) 890-4178, for matters related to civil money penalties of issuers and non-Federal governmental group health plans.
Preeti Hans, (301) 492-5144, for matters related to the Quality Improvement Strategy.
Mary Beth Hance, 410-786-4299, for matters related to the Basic Health Program.
Christina Whitefield, (301) 492-4172, for matters related to the medical loss ratio (MLR) program.
David Mlawsky, (410) 786-6851, for matters related to catastrophic plans with multi-year plan terms.
Jessica Veffer, (301) 492-4827, for matters related to expanding hardship exemptions for individuals ineligible for APTC or CSRs due to projected household income.
The fields the Federal Register prints at the head of the rule, quoted as printed. Its summary is quoted above.
Why the Agency Says It Is Doing This
SUPPLEMENTARY INFORMATION
I. Executive Summary
We are finalizing changes to the provisions and parameters implemented through prior rulemaking to implement the Patient Protection and Affordable Care Act and are also finalizing updates to implement new provisions.\1\ These requirements are published under the authority granted to the Secretary of HHS (the Secretary) by the Affordable Care Act and the Public Health Service (PHS) Act.\2\ In this document, we are finalizing changes related to some of the Affordable Care Act provisions and parameters we previously implemented under the authority granted to the Secretary by Public Law (Pub. L.) 119-21, which CMS refers to as the Working Families Tax Cut (WFTC) legislation.\3\ Our goal with these requirements is providing quality, more affordable coverage to consumers while minimizing administrative burden and ensuring program integrity. The changes finalized in this rule are also intended to enhance the role of States in these programs, provide issuers and States with additional flexibilities, reduce unnecessary regulatory burden on interested parties, and improve affordability.
\1\ The Patient Protection and Affordable Care Act (Pub. L. 111- 148) was enacted on March 23, 2010. The Healthcare and Education Reconciliation Act of 2010 (Pub. L. 111-152), which amended and revised several provisions of the Patient Protection and Affordable Care Act, was enacted on March 30, 2010. In this rulemaking, the two statutes are referred to collectively as the “Patient Protection and Affordable Care Act” or “Affordable Care Act.”
\2\ See sections 1301, 1302, 1311, 1312, 1313, 1321, 1331, and 1343 of the Affordable Care Act and section 2792 of the PHS Act.
\3\ The WFTC legislation (Pub. L. 119-21) was enacted on July 4, 2025.
The passage that opens the rule's preamble, where the agency sets out what it is doing and on what authority. Every heading that follows it is listed below.
What the Rule Contains
Every heading the Federal Register prints in this rule, in the order it prints them. 73 headings, 359,178 words in all.
- AGENCYOn its face · 15 words
- ACTIONOn its face · 3 words
- SUMMARYOn its face · 216 words
- DATESOn its face · 9 words
- FOR FURTHER INFORMATION CONTACTOn its face · 297 words
- SUPPLEMENTARY INFORMATIONPreamble · 2 words
- I. Executive SummaryPreamble · 271 words
- II. BackgroundPreamble · 2 words
- A. Legislative and Regulatory OverviewPreamble · 4,621 words
- 3. Market RulesPreamble · 2,327 words
- B. Summary of Major ProvisionsPreamble · 4,374 words
- III. Summary of the Proposed Provisions, Public Comments, and Responses to Comments on the Proposed RulePreamble · 16 words
- A. Part 150--CMS Enforcement in Group and Individual Insurance MarketsPreamble · 10 words
- 1. Factors CMS Uses To Determine the Amount of a Civil Money Penalty (CMP) (Sec. 150.317)Preamble · 249 words
- B. Part 153--Standards Related to Reinsurance, Risk Corridors, and Risk AdjustmentPreamble · 172 words
- 1. SequestrationPreamble · 1,586 words
- a. Data for HHS Risk Adjustment Model Recalibration for the 2027 Benefit YearPreamble · 3,283 words
- b. List of Factors To Be Employed in the HHS Risk Adjustment Models (Sec. 153.320)Preamble · 4,069 words
- c. Model Performance StatisticsPreamble · 511 words
- 3. Overview of the HHS Risk Adjustment Methodology (Sec. 153.320)Preamble · 1,231 words
- a. HHS-RADV Error Estimation Modification To Incorporate IVA Sampling ChangesPreamble · 1,781 words
- 5. HHS Risk Adjustment User Fee for the 2027 Benefit Year (Sec. 153.610(f))Preamble · 6,809 words
- D. Part 155--Exchange Establishment Standards and Other Related StandardsPreamble · 67,696 words
- 16. Special Enrollment Period Verification (Sec. 155.420(g))Preamble · 14,948 words
- 18. Amending Exchange Network Adequacy Standards (Sec. 155.1050)Preamble · 7,800 words
- a. Purpose and Scope (Sec. 155.1600)Preamble · 14,218 words
- k. Failure To Comply (Sec. 155.1650)Preamble · 1,369 words
- E. Part 156--Health Insurance Issuer Standards Under the Affordable Care Act, Including Standards Related to ExchangesPreamble · 16 words
- 1. FFE and SBE-FP User Fee Rates for the 2027 Benefit Year (Sec. 156.50)Preamble · 261 words
- a. FFE User Fee Rate for the 2027 Benefit YearPreamble · 102,452 words
- a. Previous Rulemaking Related to Non-Network PlansPreamble · 721 words
- b. The Basis for Reconsidering Our Existing Prohibition on Non-Network Plans as QHPsPreamble · 46,415 words
- H. Comments Regarding the Public Comment PeriodPreamble · 669 words
- I. SeverabilityPreamble · 325 words
- IV. Collection of Information RequirementsPreamble · 179 words
- A. Wage EstimatesPreamble · 435 words
- B. ICRs Regarding Rate Filing Justification--OMB Control Number 0938- 1141 (Sec. 154.215)Preamble · 12 words
- 1. ICR Regarding Estimating CSR Load Factor Using the Standard MethodologyPreamble · 1,278 words
- 3. ICR Related to the Submission of Actuarial MemorandumPreamble · 472 words
- 4. Cost to Federal Government Related to Review of URRT Reporting Requirements Related to CSR EstimatesPreamble · 164 words
- C. ICRs Regarding Mandating HHS-Approved and -Created Consumer Consent Form (Sec. 155.220)Preamble · 803 words
- D. ICRs Regarding Misleading Marketing (Sec. 155.220)Preamble · 515 words
- E. ICRs Regarding State Exchange Enhanced Direct Enrollment (SBE-EDE) Option (Sec. 155.221)Preamble · 184 words
- 1. Basic Health ProgramPreamble · 972 words
- 4. Ongoing Burden Related to New DMI Type for “Eligible Noncitizens”Preamble · 145 words
- 1. ExchangesPreamble · 217 words
- 2. Ongoing Burden Reduction--Medicaid Lawful Presence (MLP) and Annual Income (AI) Data Matching Issue (DMI) ProcessingPreamble · 351 words
- 4. Annual Income (AI) Data Matching Issue (DMI) ReductionPreamble · 311 words
- H. ICRs Regarding Failure To File and Reconcile (Sec. 155.305)Preamble · 464 words
- I. ICRs Regarding Income Verification When Data Sources Indicate Income Less Than 100 Percent of the FPL (Sec. 155.320(c)(3)(iii))Preamble · 733 words
- J. ICRs Regarding Removal of the Requirement To Accept Attestations of Household Income When Tax Data Is Unavailable (Sec. 155.320(c)(5))Preamble · 650 words
- K. ICRs Regarding Pre-Enrollment SEP Verification (Sec. 155.420(g))Preamble · 493 words
- L. ICRs Regarding Expansion of Hardship Exemption Eligibility (Sec. 155.605(d)(1))Preamble · 628 words
- M. ICRs Regarding Modification of Exchange Network Adequacy Standards (Sec. 155.1050)Preamble · 583 words
- N. ICRs Regarding General Program Integrity and Oversight Requirements (Sec. 155.1200)Preamble · 2,992 words
- Q. ICRs Regarding Non-Standardized Plan Option Limits (Sec. 156.202)Preamble · 142 words
- R. ICRs Regarding Provider Access Standards for Network Plans (Sec. 155.1050 and Sec. 156.230)Preamble · 611 words
- S. ICRs Regarding Essential Community Providers (Sec. 155.1051 and Sec. 156.235)Preamble · 2,909 words
- U. ICRs Regarding Quality Improvement Strategy (Sec. 156.1130)Preamble · 49 words
- V. Summary of Annual Burden Estimates for Finalized Requirements [GRAPHIC] [TIFF OMITTED] TR20MY26.037Preamble · 13 words
- W. Submission of PRA-Related CommentsPreamble · 71 words
- V. Regulatory Impact AnalysisPreamble · 4 words
- A. Statement of NeedPreamble · 267 words
- B. Overall ImpactPreamble · 350 words
- C. Impact Estimates of the Finalized Payment Notice Provisions and Accounting TablePreamble · 31,182 words
- D. Regulatory Alternatives ConsideredPreamble · 2,523 words
- E. Regulatory Flexibility Act (RFA)Preamble · 1,481 words
- 4. Regulatory Impacts and AlternativesPreamble · 1,620 words
- F. Unfunded Mandates Reform Act (UMRA)Preamble · 106 words
- G. FederalismPreamble · 1,275 words
- H. E.O. 14192, “Unleashing Prosperity Through Deregulation”Preamble · 73 words
- I. Congressional Review ActPreamble · 61 words
- List of SubjectsRegulatory text · 14,979 words
The Rest of the Text
This rule runs to 359,178 words. The rest of it is set out over 13 pages, split at the rule's own headings so that no heading is parted from the words printed under it.
- Text 1 of 13: II. Background to a. Data for HHS Risk Adjustment Model Recalibration for the 2027 Benefit Year10 headings · 16,640 words
- Text 2 of 13: b. List of Factors To Be Employed in the HHS Risk Adjustment Models (Sec. 153.320) to 5. HHS Risk Adjustment User Fee for the 2027 Benefit Year (Sec. 153.610(f))5 headings · 14,401 words
- Text 3 of 13: D. Part 155--Exchange Establishment Standards and Other Related Standards1 heading · 67,696 words
- Text 4 of 13: 16. Special Enrollment Period Verification (Sec. 155.420(g))1 heading · 14,948 words
- Text 5 of 13: 18. Amending Exchange Network Adequacy Standards (Sec. 155.1050)1 heading · 7,800 words
- Text 6 of 13: a. Purpose and Scope (Sec. 155.1600) to 1. FFE and SBE-FP User Fee Rates for the 2027 Benefit Year (Sec. 156.50)4 headings · 15,864 words
- Text 7 of 13: a. FFE User Fee Rate for the 2027 Benefit Year1 heading · 102,452 words
- Text 8 of 13: a. Previous Rulemaking Related to Non-Network Plans1 heading · 721 words
- Text 9 of 13: b. The Basis for Reconsidering Our Existing Prohibition on Non-Network Plans as QHPs1 heading · 46,415 words
- Text 10 of 13: H. Comments Regarding the Public Comment Period to B. Overall Impact32 headings · 17,991 words
- Text 11 of 13: C. Impact Estimates of the Finalized Payment Notice Provisions and Accounting Table1 heading · 31,182 words
- Text 12 of 13: D. Regulatory Alternatives Considered to I. Congressional Review Act7 headings · 7,139 words
- Text 13 of 13: List of Subjects1 heading · 14,979 words
- The rule itself
Health and Human Services Department, Centers for Medicare & Medicaid Services, Office of the Secretary, “Patient Protection and Affordable Care Act, HHS Notice of Benefit and Payment Parameters for 2027; and Basic Health Program,” 91 FR 29526 (May 20, 2026). Effective July 20, 2026.
https://www.federalregister.gov/documents/2026/05/20/2026-10050/patient-protection-and-affordable-care-act-hhs-notice-of-benefit-and-payment-parameters-for-2027-and - This page
“Patient Protection and Affordable Care Act, HHS Notice of Benefit and Payment Parameters for 2027; and Basic Health Program,” a final rule naming an order indexed here. Read the Mandate, https://readthemandate.org/rules/rule-2026-10050/ (retrieved October 10, 2026).
Cite the document when the claim is about what the document says. Cite this page when the indexing, the wording or the record of what has happened is what is being relied on.
How This Rule Is Set Out
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A heading with nothing quoted under it is one the rule prints on its own, with the words that follow it set under the headings beneath.