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  • Washington Highlights

    CMS Issues 2026 Notice of Benefit and Payment Parameters Proposed Rule

    Contacts

    Shahid Zaman, Director, Hospital Payment Policy
    For Media Inquiries

    The Centers for Medicare & Medicaid Services (CMS) on Oct. 4 issued the Notice of Benefit and Payment Parameters proposed rule for 2026, which establishes parameters for issuers offering qualified health plans (QHPs) through federally facilitated Marketplace (FFEs) and state-based Exchanges on the federal platform (SBE-FPs). Exchanges are entities, established under the Patient Protection and Affordable Care Act (PDF, P.L. 111-148), through which qualified individuals and qualified employers can purchase health insurance coverage in QHPs. 

    Highlights of the proposed rule include: 

    • Strengthening review and enforcement of unscrupulous broker and agent practices. 
    • Refining the risk adjustment program to phase out a market pricing adjustment for hepatitis C drugs and to include an HIV PrEP-affiliated cost factor.  
    • Increasing user fees in anticipation of the expiration of enhanced premium subsidies under the Inflation Reduction Act (PDF, P.L. 117-169).
    • Seeking comment on whether to codify the practice of “silver loading,” whereby QHPs increase premiums to cover the expense of cost-sharing reductions required by statute.  
    • Improving transparency and public reporting of data on SBEs and SBE-FPs.  

     The CMS will accept comments until Nov. 12.