CMS on April 30 finalized part two of the annual omnibus rule governing the Affordable Care Act (ACA) exchanges, using the opportunity to roll back a few parts of the regulation that the Trump administration didn’t cement before leaving office.
In January, the Trump administration finalized the most controversial sections of the 2022 Notice of Benefit and Payment Parameters (NBPP), including provisions that codified unprecedented waiver flexibilities and those that invited states to ditch a centralized health insurance marketplace. The Biden administration won’t be able to roll those back without restarting the rulemaking process, yet it used this most recent rule (86 Fed. Reg. 24140, May 5, 2021) to signal that such a move is coming soon.