EC. 122. ESSENTIAL BENEFITS PACKAGE DEFINED.
(a) In General- In this division, the term ‘essential benefits package’ means health benefits coverage, consistent with standards adopted under section 124 to ensure the provision of quality health care and financial security, that-- CommentsClose CommentsPermalink
(1) provides payment for the items and services described in subsection (b) in accordance with generally accepted standards of medical or other appropriate clinical or professional practice; CommentsClose CommentsPermalink
(2) limits cost-sharing for such covered health care items and services in accordance with such benefit standards, consistent with subsection (c); CommentsClose CommentsPermalink
(3) does not impose any annual or lifetime limit on the coverage of covered health care items and services; CommentsClose CommentsPermalink
(4) complies with section 115(a) (relating to network adequacy); and CommentsClose CommentsPermalink
(5) is equivalent, as certified by Office of the Actuary of the Centers for Medicare & Medicaid Services, to the average prevailing employer-sponsored coverage. CommentsClose CommentsPermalink
(b) Minimum Services Tto Be Covered- TSubject to subsection (d), the items and services described in this subsection are the following: CommentsClose CommentsPermalink
(1) Hospitalization. CommentsClose CommentsPermalink
(2) Outpatient hospital and outpatient clinic services, including emergency department services. CommentsClose CommentsPermalink
(3) Professional services of physicians and other health professionals. CommentsClose CommentsPermalink
(4) Such services, equipment, and supplies incident to the services of a physician’s or a health professional’s delivery of care in institutional settings, physician offices, patients’ homes or place of residence, or other settings, as appropriate. CommentsClose CommentsPermalink
(5) Prescription drugs. CommentsClose CommentsPermalink
(6) Rehabilitative and habilitative services. CommentsClose CommentsPermalink
(7) Mental health and substance use disorder services, including behavioral health treatments. CommentsClose CommentsPermalink
(8) Preventive services, including those services recommended with a grade of A or B by the Task Force on Clinical Preventive Services and those vaccines recommended for use by the Director of the Centers for Disease Control and Prevention. CommentsClose CommentsPermalink
(9) Maternity care. CommentsClose CommentsPermalink
(10) Well baby and well child care; treatment of a congenital or developmental deformity, disease, or injury; and oral health, vision, and hearing services, equipment, and supplies at least for children under 21 years of age. CommentsClose CommentsPermalink
(c) Requirements Relating to Cost-sharing and Minimum Actuarial Value- CommentsClose CommentsPermalink
(1) NO COST-SHARING FOR PREVENTIVE SERVICES- There shall be no cost-sharing under the essential benefits package for preventive items and services (as specified under the benefit standards), including well baby and well child care. CommentsClose CommentsPermalink
(2) ANNUAL LIMITATION- CommentsClose CommentsPermalink
(A) ANNUAL LIMITATION- The cost-sharing incurred under the essential benefits package with respect to an individual (or family) for a year does not exceed the applicable level specified in subparagraph (B). CommentsClose CommentsPermalink
(B) APPLICABLE LEVEL- The applicable level specified in this subparagraph for Y1 is $5,000 for an individual and $10,000 for a family. Such levels shall be increased (rounded to the nearest $100) for each subsequent year by the annual percentage increase in the Consumer Price Index (United States city average) applicable to such year. CommentsClose CommentsPermalink
(C) USE OF COPAYMENTS- In establishing cost-sharing levels for basic, enhanced, and premium plans under this subsection, the Secretary shall, to the maximum extent possible, use only copayments and not coinsurance. CommentsClose CommentsPermalink
(3) MINIMUM ACTUARIAL VALUE- CommentsClose CommentsPermalink
(A) IN GENERAL- The cost-sharing under the essential benefits package shall be designed to provide a level of coverage that is designed to provide benefits that are actuarially equivalent to approximately 70 percent of the full actuarial value of the benefits provided under the reference benefits package described in subparagraph (B). CommentsClose CommentsPermalink
(B) REFERENCE BENEFITS PACKAGE DESCRIBED- The reference benefits package described in this subparagraph is the essential benefits package if there were no cost-sharing imposed. CommentsClose CommentsPermalink
(d) Abortion Coverage Prohibited as Part of Minimum Benefits Package- CommentsClose CommentsPermalink
(1) PROHIBITION OF REQUIRED COVERAGE- The Health Benefits Advisory Committee may not recommend under section 123(b) and the Secretary may not adopt in standards under section 124(b), the services described in paragraph (4)(A) or (4)(B) as part of the essential benefits package and the Commissioner may not require such services for qualified health benefits plans to participate in the Health Insurance Exchange. CommentsClose CommentsPermalink
(2) VOLUNTARY CHOICE OF COVERAGE BY PLAN- In the case of a qualified health benefits plan, the plan is not required (or prohibited) under this Act from providing coverage of services described in paragraph (4)(A) or (4)(B) and the QHBP offering entity shall determine whether such coverage is provided. CommentsClose CommentsPermalink
(3) COVERAGE UNDER PUBLIC HEALTH INSURANCE OPTION- The public health insurance option shall provide coverage for services described in paragraph (4)(B). Nothing in this Act shall be construed as preventing the public health insurance option from providing for or prohibiting coverage of services described in paragraph (4)(A). CommentsClose CommentsPermalink
(4) ABORTION SERVICES- CommentsClose CommentsPermalink
(A) ABORTIONS FOR WHICH PUBLIC FUNDING IS PROHIBITED- The services described in this subparagraph are abortions for which the expenditure of Federal funds appropriated for the Department of Health and Human Services is not permitted, based on the law as in effect as of the date that is 6 months before the beginning of the plan year involved. CommentsClose CommentsPermalink
(B) ABORTIONS FOR WHICH PUBLIC FUNDING IS ALLOWED- The services described in this subparagraph are abortions for which the expenditure of Federal funds appropriated for the Department of Health and Human Services is permitted, based on the law as in effect as of the date that is 6 months before the beginning of the plan year involved. CommentsClose CommentsPermalink
(e) Stand-alone Coverage- CommentsClose CommentsPermalink
(1) NO APPLICATION TO ADULT COVERAGE- Nothing in this subtitle shall be construed as requiring an individual who is 21 years of age or older to be provided stand-alone dental-only or vision-only coverage. CommentsClose CommentsPermalink
(2) TREATMENT OF COMBINED COVERAGE- The combination of stand-alone coverage described in paragraph (1) and a qualified health benefits plan without coverage of such oral and vision services shall be treated as satisfying the essential benefits package under this division.