To: All Health Insurance Companies and Health Maintenance Organizations
Re: Extension of Non-Enforcement (Transitional) Policies through 2023 and Later Benefit Years
From: Glen Mulready, Insurance Commissioner
Date: April 22, 2022


The purpose of this bulletin is to inform all licensed health insurance issuers in Oklahoma of the requirements set forth by the Oklahoma Insurance Department (the “Department”) as they relate to the bulletin released by the Centers for Medicare and Medicaid Services (“CMS”) on March 23, 2022, regarding an extension of the non-enforcement of Affordable Care Act (“ACA”) compliance with respect to certain policies.

CMS previously issued guidance stating that with state regulator authorization, individual and small group health insurance issuers could choose to continue certain coverages that would otherwise be canceled under the ACA without being considered out of compliance with market reforms. In its bulletin dated March 23, 2022, CMS announced it is extending its non-enforcement policy to policy years beginning after October 1, 2022.  Accordingly, the Department is permitting issuers that have renewed certain non-grandfathered coverage under the non-enforcement policy continually since 2014 in the small group and individual markets to renew such coverage for a policy year starting after October 1, 2022.  The extended non-enforcement policy will remain in effect until CMS announces that coverage renewed under the policy must come into compliance with the provisions of the ACA.

Health insurance issuers that renew policies under the extended transitional policy must provide the required notice to affected individuals and small businesses. The CMS bulletin and required notices are available at:  https://www.cms.gov/files/document/extension-limited-non-enforcement-policy-through-calendar-year-2023-and-later-benefit-years.pdf.


Questions or comments applicable to this bulletin should be directed to Mike Rhoads at Mike.Rhoads@oid.ok.gov, Molly Clinkscales at Molly.Clinkscales@oid.ok.gov, and/or the Oklahoma Insurance Department, 400 NE 50th St. Oklahoma City, OK 73105.