These commenters expressed concern that some of
the proposed special enrollment periods are no longer needed or that individuals who might qualify for one of these special enrollment periods may also qualify for another special enrollment period that already exists in regulation.
Comment: We received comments that requested changes to coverage effective dates for the newly
proposed special enrollment period for losing a dependent as a result of death at § 155.420 (b)(2)(vi).
Not exact matches
Mulgrew is
proposing legislation that would penalize charter schools that do not reach targeted
enrollment numbers for ELL and
special education students.
(e) The board shall establish the information needed in an application for the approval of a charter school; provided that the application shall include, but not be limited to, a description of: (i) the mission, purpose, innovation and specialized focus of the
proposed charter school; (ii) the innovative methods to be used in the charter school and how they differ from the district or districts from which the charter school is expected to enroll students; (iii) the organization of the school by ages of students or grades to be taught, an estimate of the total
enrollment of the school and the district or districts from which the school will enroll students; (iv) the method for admission to the charter school; (v) the educational program, instructional methodology and services to be offered to students, including research on how the
proposed program may improve the academic performance of the subgroups listed in the recruitment and retention plan; (vi) the school's capacity to address the particular needs of limited English - proficient students, if applicable, to learn English and learn content matter, including the employment of staff that meets the criteria established by the department; (vii) how the school shall involve parents as partners in the education of their children; (viii) the school governance and bylaws; (ix) a
proposed arrangement or contract with an organization that shall manage or operate the school, including any
proposed or agreed upon payments to such organization; (x) the financial plan for the operation of the school; (xi) the provision of school facilities and pupil transportation; (xii) the number and qualifications of teachers and administrators to be employed; (xiii) procedures for evaluation and professional development for teachers and administrators; (xiv) a statement of equal educational opportunity which shall state that charter schools shall be open to all students, on a space available basis, and shall not discriminate on the basis of race, color, national origin, creed, sex, gender identity, ethnicity, sexual orientation, mental or physical disability, age, ancestry, athletic performance,
special need, proficiency in the English language or academic achievement; (xv) a student recruitment and retention plan, including deliberate, specific strategies the school will use to ensure the provision of equal educational opportunity as stated in clause (xiv) and to attract, enroll and retain a student population that, when compared to students in similar grades in schools from which the charter school is expected to enroll students, contains a comparable academic and demographic profile; and (xvi) plans for disseminating successes and innovations of the charter school to other non-charter public schools.
Comment: We received general support for the
proposed changes to include non-Exchange entities in the
special enrollment period where
enrollment or non-
enrollment in a qualified health plan through the Marketplace is a result of the error of the Exchange.
Commenters supported the
proposed provision to keep effective dates for
special enrollment periods standardized.
We note that, as specified in the
proposed rule, this policy provides a
special enrollment period inside the Exchange for individuals whose coverage in group health plans and individual market plans offered outside of the Exchange is expiring, including grandfathered and transitional plans.
There was also a request to amend the
proposed implementation effective date for this
special enrollment period, which was set for January 1, 2016.
Comment: Several commenters urged HHS to clarify the
proposed changes to the
special enrollment period for a permanent move, including specifying that consumers must submit proof of a change of address and providing clarification that changes to the
special enrollment period for a permanent move Start Printed Page 10798includes individuals who are being released from incarceration.
Some commenters supported the
proposed provision to ensure effective dates for
special enrollment periods are consistent with § 155.420 (b).
In the July 15, 2011 Federal Register (76 FR 41865), we published a
proposed rule establishing
special enrollment periods for the individual Health Insurance Exchange.
The
proposed regulations in part 147 would amend the rules regarding fair health insurance premiums and guaranteed availability to reflect
proposed changes related to the SHOPs and
special enrollment periods.
However, we
propose to modify the SHOPs» responsibilities with respect to
special enrollment periods.
We stated in the
proposed rule that we had heard concerns regarding abuse of
special enrollment periods, and we sought comments and data regarding existing
special enrollment periods.
The
proposed revisions in paragraph (b)(2)(i) align regulatory policy for
special enrollment periods based on a court order with other similar
special enrollment period types, and create operational efficiencies for Exchanges by streamlining effective date options across similar
special enrollment period qualifying events related to a qualified individual gaining or becoming a dependent.
In the January 22, 2013 Federal Register (78 FR 4594), we published a
proposed rule amending certain
special enrollment periods, including the
special enrollment periods described in § 155.420 (d)(3) and (7).
We are therefore
proposing to modify the requirements to reflect that the SHOP's
proposed role is not to provide
special enrollment periods, but to ensure that QHP issuers offering coverage through the SHOP provides the
special enrollment periods set forth in regulation.
If an employer group member, under the approach
proposed throughout this document, believed that he or she were entitled to a SHOP
special enrollment period, but was denied that
special enrollment period, the employer group member could file a complaint with the SHOP and the SHOP would investigate.
We sought comment on this approach to aligning the
proposed amendments with the individual - market - wide and SHOP
special enrollment periods.
We
propose that the
special enrollment periods specified in § 155.725 (j) would continue to be applicable in the SHOPs for plan years beginning on or after January 1, 2018, and
propose to include these in § 155.726 (c).
If the
proposed changes are finalized, SHOPs that use the new flexibilities, such as the FF - SHOPs, would no longer have the information required to determine employer group members» eligibility for
special enrollment periods.
We
propose to make a technical amendment to update the cross reference to 26 CFR 1.36B - 2T in § 155.420 (d)(10)(i), regarding the
special enrollment period for victims of domestic abuse or spousal abandonment.
Because the
special enrollment period in § 155.420 (d)(1)(ii) is cross-referenced in § 147.104 (b)(2), the parallel regulation text in § 147.104 (b)(2) is no longer necessary, and we
propose to remove it.
We
propose to revise paragraphs (b)(2)(i), (b)(2)(ii), (b)(2)(iv), and add paragraphs (b)(2)(v), (b)(2)(vi), and (b)(2)(vii), which pertain to effective dates for
special enrollment periods; to amend paragraphs (c)(2)(i) and (c)(2)(ii), which pertain to availability and length of
special enrollment periods, and to revise paragraphs (d)(1)(ii), (d)(1)(v), (d)(2), (d)(4), and remove paragraph (d)(10), which pertain to specific types of
special enrollment periods.
We
propose that this
special enrollment period be available with respect to a qualified individual or his or her dependent who, in any year, has coverage under a group health plan or an individual plan with a plan or policy year that is not offered on a calendar year basis.
We
propose to amend paragraph (d)(1)(ii) which provides a
special enrollment period for individuals enrolled in non-calendar year individual health insurance coverage when their policy year ends in 2014.
Second, we
propose to amend § 155.725 (h) so that SHOPs would need only to establish effective dates for employees enrolling in coverage during the initial group
enrollment and the employee annual open
enrollment period, rather than for
special enrollment periods, because SHOPs must ensure that effective dates for employees enrolling during
special enrollment periods are consistent with the effective dates specified in § 155.420 (b).
However, we
propose to continue to keep effective dates for
special enrollment periods standardized to ensure a minimum standard for
special enrollment periods and because there are existing mechanisms within § 155.420 (b) for a SHOP to achieve earlier effective dates for
special enrollment periods.
We also
proposed to explicitly state that the requirement for Exchanges to ensure appropriate actions are taken in connection with retroactive terminations, currently set forth in paragraph (d)(6) regarding
special enrollment periods, applies to all retroactive terminations, including valid cancellations of coverage under a «free look» law.