State insurance exchanges - Wyoming

Summary of differences between federal and state regulations

The U.S. Department of Health and Human Services (HHS) must make a determination on or before January 1, 2013, that a state will in fact have an exchange in operation by 2014 and that the exchange meets the requirements of the Affordable Care Act (ACA) and HHS guidance. In a letter dated November 15, 2012, Secretary Sebelius indicated that states may submit both a letter of intent and an application to operate its own exchange by December 14. If a state elects not to operate an exchange, or if the HHS determines that the state will not be able to have an exchange operational by 2014 that meets the law’s requirements, the ACA gives the HHS the authority to establish and operate such exchange within the state.

In March 2011, Governor Mead signed HB 0050 into law, establishing the Wyoming Health Insurance Exchange Steering Committee to study the feasibility of creating a health insurance exchange in the state. However, in March 2012 the Committee chose to wait for the outcome of the Supreme Court decision announced in June 2012, and exchange planning was suspended despite Governor Mead’s support for continued establishment research. By October 1, 2012, the Steering Committee must submit final recommendations to the Legislature on whether Wyoming should proceed with developing an exchange.

The Wyoming Department of Insurance received an $800,000 federal Exchange Planning grant in 2010, and HB 0050 appropriated $145,000 from the General Fund for any portions of the study not paid for by the federal grant.

By December 14, 2012, Wyoming must submit an Exchange blueprint consisting of a declaration letter signed by Governor Mead, and an application to the U.S. Department of Health and Human Services, if it intends to operate a state-based exchange or a state-federal partnership exchange. However, without exchange legislation in place, it is likely Wyoming will not meet the federal timetable for implementation.

State

Contacts

Wyoming Insurance Department

Regulations

HB 0050

HB 0058

Title 26 – Insurance Code
www.lexisnexis.com/hottopics/wystatutes/

Federal

Contacts Center for Consumer Information and Insurance Oversight (CCIIO)

U.S. Department of Health and Human Services (HHS)

Regulations

45 CFR Parts 155, 156, and 157