In a tacit acknowledgement of the hurdles ahead for enactment of Affordable Care Act (ACA) repeal/replace legislation, the Trump Administration is soliciting suggestion for changes that could be made within the current legal framework to improve health insurance markets and meet Administration reform goals. In particular, the Department of Health and Human Services (HHS) is interested in potential changes to existing HHS rules to promote a “more patient-centered health care system that adheres to the key principles of affordability, accessibility, quality, innovation, and empowerment.” HHS highlights four potential areas for comments:

  1. Empowering patients and promoting consumer choice. For instance, what activities would help consumers choose a plan that best meets their needs? Which regulations currently reduce consumer choices regarding health care and health insurance financing?
  2. Stabilizing the individual, small group, and non-traditional health insurance markets. How can HHS stabilize the risk pool, promote continuous coverage, encourage younger and healthier consumers and other uninsured individuals to purchase plans, and reduce uncertainty and volatility?
  3. Enhancing affordability. How can HHS enhance the affordability of coverage for individual consumers and small businesses?
  4. Affirming the states’ regulatory authority to regulate the business of health insurance. Which HHS policies have unnecessarily interfered with states’ primary role in regulating health insurance markets?

Comments will be accepted until July 12, 2017.