The U.S. Department of Health & Human Services (HHS) is actively working to promote choice and competition, and reduce regulatory burden, throughout healthcare markets. Executive Order 13813, “Promoting Healthcare Choice and Competition Across the United States” directs the Administration, to the extent consistent with law, to facilitate the purchase of insurance across State lines and the development and operation of a healthcare system that provides high-quality care at affordable prices for the American people, and to promote competition in healthcare markets and limit excessive consolidation throughout the healthcare system.
The President directs the Administration, to the extent consistent with law, to consider expanding the availability of and access to alternatives to expensive, mandate-laden Patient Protection and Affordable Care Act (PPACA) insurance, including Association Health Plans (AHPs), Short-Term, Limited-Duration Insurance (STLDI), and Health Reimbursement Arrangements (HRAs); spur increased competition in healthcare markets by lowering barriers to entry, limiting excessive consolidation, and preventing abuses of market power; and improve access to and the quality of information that Americans need to make informed healthcare decisions, including data about healthcare prices and outcomes, while minimizing reporting burdens on affected plans, providers, or payers.
Executive Order 13813 also requires the Secretary of HHS, in consultation with the Secretaries of the Treasury and Labor and the Federal Trade Commission, to provide a report to the President detailing the extent to which existing State and Federal laws, regulations, guidance, requirements, and policies fail to conform to the above policies, and identify actions that States or the Federal Government could take to achieve them. Through this informal request for information, HHS seeks comment from interested parties to inform its report and lay the groundwork for future action.
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Request for Information
HHS is interested in public comments about State and Federal laws, regulations, guidance, requirements, and policies that discourage or prevent the development and operation of a healthcare system that provides high-quality care at affordable prices for the American people, the promotion of competition in healthcare markets, and the limitation of excessive consolidation throughout the healthcare system. We anticipate public comments on including Association Health Plans (AHPs), Short-Term, Limited-Duration Insurance (STLDI), and Health Reimbursement Arrangements (HRAs) will be provided in response to rulemaking or other guidance the Departments of HHS, Labor, and the Treasury may consider in response to the Executive Order. This request for information specifically requests information about barriers to choice and competition other than any attributable to rules regarding AHPs, STLDI, or HRAs, and proposed solutions that could facilitate the development and operation of a healthcare system that provides high-quality care at affordable prices for the American people.
Comments will be received until January 25, 2018.
Submit electronic comments via email to CompetitionRFI@hhs.gov
Special Note to Commenters:
Whenever possible, respondents are asked to draw their responses from objective, empirical, and actionable evidence and to cite this evidence within their responses.
This RFI is issued solely for information and planning purposes; it does not constitute a Request for Proposal, applications, proposal abstracts, or quotations. This RFI does not commit the Government to contract for any supplies or services or make a grant or cooperative agreement award. Further, HHS is not seeking proposals through this RFI and will not accept unsolicited proposals. Responders are advised that the U.S. Government will not pay for any information or administrative costs incurred in response to this RFI; all costs associated with responding to this RFI will be solely at the interested party’s expense. Not responding to this RFI does not preclude participation in any future procurement or program, if conducted. It is the responsibility of the potential responders to monitor this RFI announcement for additional information pertaining to this request.
Please note that HHS will not respond to questions about the policy issues raised in this RFI. HHS may or may not choose to contact individual responders. Such communications would only serve to further clarify written responses. Contractor support personnel may be used to review RFI responses.
Responses to this RFI are not offers and cannot be accepted by the Government to form a binding contract. Information obtained as a result of this RFI may be used by the Government for program planning on a non-attribution basis. Respondents should not include any information that might be considered proprietary or confidential. This RFI should not be construed as a commitment or authorization to incur costs for which payment would be required or sought. All submissions become Government property and will not be returned. HHS may publicly post the comments received, or a summary thereof.