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Administration RFI on Provider Nondiscrimination

The U.S. Departments of Labor, Treasury, and Health and Human Services released a joint request for information (RFI) on the Affordable Care Act’s (ACA’s) nondiscrimination provision, which prevents group health plans and health insurers from excluding certain kinds of health care providers from plans (section 2706 of the Public Health Service Act). The RFI is in response to a Senate Committee on Appropriations report, which stated that April 2013 frequently asked questions (FAQs) on section 2706 allowed plans and issuers to exclude categories of providers, even though section 2706 was intended to prevent provider discrimination.

Comments on all aspects of the nondiscrimination provision, including comments on access, costs, other federal and state laws, and feasibility, must be submitted by June 10.

Please contact Xiaoyi Huang, director of policy, at or 202.585.0127 with questions.


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