Client Alert

| December 20, 2011

HHS Policy Announcement Gives States Flexibility on Essential Health Benefits

On December 16, 2011, HHS announced a policy change that will cover individual and small group coverage under the Affordable Care Act, or ACA. In HHS’ own words, the new policy would allow states to have greater flexibility in setting the range of services to be included in their individual essential health benefits packages that will be offered on the individual states’ health insurance exchanges. The change is designed to meet criticisms that the federal government would impose “one-size-fitsall” solutions and would override the ability of state regulators to choose the best health insurance solutions for their own states.

This memorandum is intended only as a general discussion of these issues. It is not considered to be legal advice. We would be pleased to provide additional details or advice about specific situations. For additional information on this important topic, please feel free to call upon your Dewey & LeBoeuf relationship partner. No part of this publication may be reproduced, in whole or in part, in any form, without our prior written consent. For further information on Dewey & LeBoeuf, please visit www.dl.com. +1 888 532 6383