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We are finalizing, for the 2018 and later benefit years, a modified §156.230(e) to count services provided by an out-of-network ancillary provider in an in-network facility towards the in-network annual limitation on cost sharing if the issuer does not provide timely notice.
Comment: Commenters asked if §156.230(e) would apply to QHPs with tiered networks or QHPs that do not provide out-of-network services.
Response: We clarify that §156.230(e) applies to QHPs, both on and off Exchanges, and to QHPs with tiered networks, but it does not apply to QHPs that do not cover out-of-network services. It also does not apply to emergency services, which are governed by other Federal regulations.