Milestone: Identify and review which state laws and regulations must be modified to implement the provisions of the ACA
States need to update laws and regulations to implement the ACA. A comprehensive review will help states determine whether legislation is required, ensure needed fixes are not overlooked, and prevent the need for technical corrections later.
*Full name: Identify and review which state laws and regulations must be modified to implement the provisions of the ACA.
*Relevance to the ACA:
The degree to which state legislation is needed to implement the ACA will vary by state, but all states will need to make changes. Both executive and legislative branches could identify needed updates. The process will be most efficient if a coordinated approach is taken across agencies and branches of government. Given the variations in existing state law, and differing implementation decisions states will make, each state will need to comprehensively examine the ACA to identify areas where legal and regulatory changes are needed. Some of the provisions likely to require state legislative and regulatory action are:
§1001, §1003, §1201- Make changes to commercial insurance regulation.
§1302 – Establishes the essential benefit package levels that define qualified health plans.
§1311 – Requires states to establish insurance Exchanges (or defer to the federal government).
§2301, §2302, §2502, §4107 – Stipulate new required Medicaid benefits.
§6101, §6102, §6104, §6106 – Outline nursing home transparency requirements.less