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Posted on: June 9, 2022

Bulletin 2022-02 Addendum I to Bulletin 2013-12

  1. TRANSITIONAL POLICY EXTENSION

On March 23, 2022, the Center for Consumer Information and Insurance Oversight (CCIIO) issued an Insurance Standards Bulletin to extend the transitional policy (now referred to as a non-enforcement policy by CCIIO) that was originally announced on November 14, 2013, and subsequently adopted by the South Carolina Department of Insurance (Department) via Bulletin 2013-12 (November 19, 2013).  This is the tenth in the series of bulletins relating to the transitional policy and its subsequent extensions.  

The purpose of this bulletin is to advise health insurance issuers of the Department’s intent to continue to permit the renewal of coverage pursuant to the latest transitional policy extension. It is, further, to advise that the requirements outlined in the prior bulletins on this matter continue to remain in effect, as applicable.  

This bulletin applies to health insurance issuers offering non-grandfathered health insurance coverage in the individual or small group markets for which coverage has continuously been renewed under this non-enforcement policy since 2014.  

Importantly, South Carolina declines to enforce the 2014 market reforms that the federal government will not enforce for these specific policies.  South Carolina will instead enforce its own laws during this transitional period extension.  

The transitional policy permits issuers in the individual and small group markets to renew certain non-grandfathered policies that would otherwise be deemed out of compliance with the requirements of the Patient Protection and Affordable Care Act of 2010.  Such coverage may now be renewed for plan or policy years beginning after October 1, 2022 and will remain in effect until CMS announces that all such coverage must come into compliance with the specified requirements. 

Accordingly, health insurance issuers may renew early or amend the coverage term to permit consumers and small employers to maintain such coverage until CMS announces that all such coverage must come into compliance with the specified requirements. 

Health insurance issuers electing to renew coverage pursuant to this bulletin are reminded to review the prior bulletins linked to below in their entirety to ensure compliance with the relevant transitional relief guidelines outlined therein.  

 

II.        QUESTIONS

Questions regarding this bulletin should be submitted via email to healthdata@doi.sc.gov and include the company name and primary point of contact (with phone number and email address) for follow up.

 

III.       LINKS TO PRIOR TRANSITIONAL POLICY BULLETINS

 1.         SCDOI Bulletin 2013-12: Transitional Policy for Health Insurance Issuers with Health Insurance Coverage in Effect in the Individual Market and/or the Small Group Market on October 1, 2013 and Special Request for Data from Health Insurance Issuers in the Individual, Small Group, and Large Group Markets, issued November 19, 2013

Web Address: http://doi.sc.gov/DocumentCenter/View/7287 

2.         Addendum A to SCDOI Bulletin 2013-12: Addendum to Bulletin 2013-12 to Address the Federal Guidance Specific to Required Notices to Impacted Policyholders, issued November 25, 2013

Web Address: http://doi.sc.gov/DocumentCenter/View/7306 

3.         SCDOI Bulletin 2014-05: Addendum B to Bulletin 2013-12 to the Federal Extension of the Transitional Policy for Health Insurance Issuers with Non-Grandfathered Health Insurance Coverage in the Individual Market and/or the Small Group Market, Application of the Transitional Policy to Current Large Groups with 51 to 100 Employees, and Special Request for Data from Health Insurance Issuers in the Individual, Small Group, and Large Group Markets, issued April 14, 2014

Web Address: http://doi.sc.gov/DocumentCenter/View/7522

4.         SCDOI Bulletin 2016-01: Addendum C to Bulletin 2013-12 to Address the Federal Extension of the Transitional Policy through Calendar Year 2017 for Health Insurance Issuers with Non-Grandfathered Health Insurance Coverage in the Individual or Small Group Markets, issued March 29, 2016

Web Address: http://doi.sc.gov/DocumentCenter/View/8795 

5.         SCDOI Bulletin 2017-02: Addendum D to Bulletin 2013-12 to Address the Federal Extension of the Transitional Policy through Calendar Year 2018 for Health Insurance Issuers with Non-Grandfathered Health Insurance Coverage in the Individual or Small Group Markets, issued April 21, 2017

Web Address: http://doi.sc.gov/DocumentCenter/View/9952 

6.         SCDOI Bulletin 2018-01: Addendum E to Bulletin 2013-12 to Address the Federal Extension of the Transitional Policy through Calendar Year 2019 for Health Insurance Issuers with Non-Grandfathered Health Insurance Coverage in the Individual or Small Group Markets, issued April 20, 2018

Web Address: https://doi.sc.gov/DocumentCenter/View/10760/Bulletin-2018-01-Addendum-E-to-Bulletin-2013-12-re-Transitional-Policy-Extension?bidId= 

7.         SCDOI Bulletin 2019-01: Addendum F to Bulletin 2013-12 to Address the Federal Extension of the Transitional Policy through Calendar Year 2020 for Health Insurance Issuers with Non-Grandfathered Health Insurance Coverage in the Individual or Small Group Markets, issued March 28, 2019

Web Address: https://doi.sc.gov/DocumentCenter/View/11456/Bulletin-2019-01---Transitional-Policy-Extension?bidId=

8.         SCDOI Bulletin 2020-01: Addendum G to Bulletin 2013-12 to Address the Federal Extension of the Transitional Policy through Calendar Year 2021 for Health Insurance Issuers with Non-Grandfathered Health Insurance Coverage in the Individual or Small Group Markets, issued February 19, 2020

Web Addresshttps://doi.sc.gov/DocumentCenter/View/12598/Bulletin-2020-01_Transitional-Policy-Extension-02192020 

9.         SCDOI Bulletin 2021-01: Addendum H to Bulletin 2013-12 to Address the Federal Extension of the Transitional Policy through Calendar Year 2022 for Health Insurance Issuers with Non-Grandfathered Health Insurance Coverage in the Individual or Small Group Markets, issued January 25, 2021                 Web Addresshttps://doi.sc.gov/DocumentCenter/View/13247/Bulletin-2021-01-Transitional-Policy-Extension-01252021

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