FAQS ABOUT AFFORDABLE CARE ACT 
IMPLEMENTATION (PART XXVIII)  
 
August 11, 2015 
 
Set out below is an additional Frequently Asked Question (FAQ) regarding implementation of the Affordable 
Care Act. This FAQ has been prepared jointly by the Departments of Labor (DOL), Health and Human Services 
(HHS),  and  the  Treasury  (collectively,  the  Departments).  Like  previously  issued  FAQs  (available  at 
www.dol.gov/ebsa/healthreform  and  www.cms.gov/cciio/resources/fact-sheets-and-faqs/index.html),  this  FAQ 
answers questions from stakeholders to help people understand the Affordable Care Act and benefit from it, as 
intended. 
Future Tri-Department Transparency Reporting Rulemaking for Non-QHP Coverage 
 
On August 11, 2015, HHS issued a proposed information collection for public comment in connection with the 
transparency provisions of section 1311(e)(3) of the Affordable Care Act, consistent with the requirements of 
section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (PRA).  The proposed data collection would 
collect  certain  information  from  Qualified  Health  Plan  (QHP)  issuers  in Federally-facilitated Exchanges and 
State-based Exchanges that rely on the federal IT platform HealthCare.gov. 
 
Consistent  with  the  requirements  of  Public  Health  Service  Act  (PHS  Act)  section  2715A,1  the  proposal 
explained that other reporting requirements would be proposed at a later time, through a separate rulemaking to 
be conducted by the Departments with respect to non-Exchange coverage, including health insurance issuers 
offering group and individual health insurance coverage (non-QHP issuers) and non-grandfathered group health 
plans  (including  large  group  and  self-insured  health  plans).    The  proposal  indicated  that  these requirements 
could differ from those applicable to QHP issuers in Federally-facilitated Exchanges and State-based Exchanges 
that rely on the HealthCare.gov platform. 
 
Q: How do the Departments intend to propose transparency reporting for non-QHP issuers and non-
grandfathered group health plans? 
 
The Departments intend to propose transparency reporting for non-QHP issuers and non-grandfathered group 
health plans in the future.  The proposed reporting requirements may differ from those prescribed in the August 
11,  2015  HHS  proposal  under  section  1311(e)(3)  of  the  Affordable  Care  Act,  and  will take  into  account 
differences  in  markets,  reporting  requirements  already  in  existence  for  non-QHPs  (including  group  health 
plans), and other relevant factors.  The Departments also intend to streamline reporting under multiple reporting 
provisions  and  reduce  unnecessary  duplication.    The  Departments  intend  to  implement  any  transparency 
reporting  requirements  applicable  to  non-QHP  issuers  and  non-grandfathered group  health  plans  only  after 
reasonable  notice  and  comment,  and  after  giving  those  issuers  and  plans  sufficient  time,  following  the 
publication  of final rules, to come into compliance with those requirements. 
                                              
1 PHS Act section 2715A also is incorporated into section 715(a)(1) of the Employee Retirement Income Security Act and section 
9815(a)(1) of the Internal Revenue Code.  Accordingly, the Departments have concurrent jurisdiction over the implementation of PHS 
Act section 2715A. 
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