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

45 CFR 155.100: Establishment of a State Exchange.

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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 155—EXCHANGE ESTABLISHMENT STANDARDS AND OTHER RELATED STANDARDS UNDER THE AFFORDABLE CARE ACT
  5. Subpart B—General Standards Related to the Establishment of an Exchange

(a) General requirements. Each State may elect to establish:

(1) An Exchange that facilitates the purchase of health insurance coverage in QHPs in the individual market and that provides for the establishment of a SHOP; or

(2) An Exchange that provides only for the establishment of a SHOP.

(b) Timing. For plan years beginning before January 1, 2015, only States that provide reasonable assurances to CMS that they will be in a position to establish and operate only a SHOP for 2014 may elect to establish an Exchange that provides only for the establishment of a SHOP, pursuant to the process in § 155.105(c), (d), and/or (e), whichever is applicable. For plan years beginning on or after January 1, 2015, any State may elect to establish an Exchange that provides only for the establishment of a SHOP, pursuant to the process in § 155.106(a).

(c) Eligible Exchange entities. The Exchange must be a governmental agency or non-profit entity established by a State, consistent with § 155.110.

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

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