Colorado Center on Law and Policy
03/24/2026 | Press release | Distributed by Public on 03/24/2026 13:06
CCLP Public Comment on HHS Notice of Benefit and Payment Parameters
CCLP Public Comment on HHS Notice of Benefit and Payment Parameters
by Bethany Pray, Esq.| Mar 24, 2026
The following public comment was submitted by Bethany Pray, Esq. on behalf of CCLP on March 13, 2026, to the U.S. Department of Health and Human Services, regarding HHS Notice of Benefit and Payment Parameters. For more information seethe proposed rule on the Federal Register.
Re: RIN 0938-AV62; CMS-9883-P
Patient Protection and Affordable Care Act, HHS Notice of Benefit and Payment Parameters for 2027; and Basic Health Program
The Colorado Center on Law and Policy (CCLP) is a state-based, anti-poverty organization that advocates for the rights of all Coloradans. Our mission includes improving access to affordable, quality health care for Coloradans and furthering the rights of Coloradans to access public programs for which they are eligible. CCLP appreciates the opportunity to submit comments regarding the proposed rule, entitled Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2027; and Basic Health Program (hereafter referred to as 2027 NBPP.[1] The text of this comment, as well as the text of all references identified in the body or footnotes of this document, should be considered part of the official record and considered prior to finalization of the proposed rule.
The Department of Health and Human Services (HHS) has proposed an expansive set of policies with a shortened comment period and has done so months later than is customary. The voluminousness of the proposed rule, the number of individual policy changes proposed, and the shorter-than-typical comment period are significant barriers to stakeholder engagement. At a minimum, we request that implementation be delayed until 2028. The better course would be for HHS to withdraw the rule, to allow time for a more reasoned and appropriately supported set of policies to be proposed.
Policies contained in the proposal are overall untested, unsupported and impossible to evaluate based on information provided. Where slightly more support is offered, it is clear that the rule would impose enormous administrative burdens on states, state exchanges, carriers and people seeking coverage, interfering with efficient administration of the exchange, de-stabilizing insurance markets, removing many thousands from affordable coverage they need to maintain their health, and throwing a bewildering range of changes at people seeking affordable coverage. The amount of change that would be imposed through this rule on states, exchanges and carriers would be disruptive, at best.
In many respects, the rule repeats errors in process that resulted in court action on the 2025 PPACA Marketplace Integrity and Affordability rule. As described below, in the 2027 NBPP, HHS has failed to consider important aspects of the problem, has offered explanations for its proposals that run counter to the evidence or that lack evidence. City of Columbus v. Kennedy.[2]
Because time to comment was inadequate, the following comment is necessarily limited. Had adequate time been permitted, there is more we would have liked to share about impacts on Colorado and nationally. As a result, we note our opposition to many other provisions, including those on Pre-Enrollment SEP Verification (§ 155.420(g)) (also barred by the court's stay in City of Columbus v. Kennedy) and State Exchange Improper Payment Measurement (SEIPM) (§§ 155.1600-155.1650), but lack capacity and time to outline and document the basis of our opposition.
Read the full Public Comment here.
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[1] U.S. Dep't. Health & Human Srvs., Patient Protection and Affordable Care Act, HHS Notice of Benefit and Payment Parameters for 2027; and Basic Health Program, 91 Fed. Reg. 6292 (proposed Feb. 11, 2026), https://www.govinfo.gov/content/pkg/FR-2026-02-11/pdf/2026-02769.pdf (hereinafter "2027 NBPP").
[2] Memorandum Opinion, Aug. 22, 2025, pp. 10-11. Case 1:25-cv-02114-BAH.
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