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Federal regulations · Through 2026-08-25 · Newer source version available

45 CFR 150.217: Preliminary determination.

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Where this section sits in the code
  1. Title 45—Public Welfare
  2. SUBTITLE A—Department of Health and Human Services
  3. SUBCHAPTER B—REQUIREMENTS RELATING TO HEALTH CARE ACCESS
  4. PART 150—CMS ENFORCEMENT IN GROUP AND INDIVIDUAL INSURANCE MARKETS
  5. Subpart B—CMS Enforcement Processes for Determining Whether States Are Failing To Substantially Enforce PHS Act Requirement

If, at the end of the 30-day period (and any extension), the State has not established to CMS's satisfaction that it is substantially enforcing the PHS Act requirements described in the notice, CMS takes the following actions:

(a) Consults with the appropriate State officials identified in § 150.211 (or their designees).

(b) Notifies the State of CMS's preliminary determination that the State has failed to substantially enforce the requirements and that the failure is continuing.

(c) Permits the State a reasonable opportunity to show evidence of substantial enforcement.

Collected 2026-08-27T02:26:21Z. Source file · JSON

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