HHS position on open enrollment is . . . (drumroll please)
In other words, it depends . . .
I haven't heard that, but I have heard they can and will decline a family application without regard to identifying any specific individual that caused the decline.
Question #2: Do these interim final rules require issuers in the individual health insurance market to offer children under 19 non-grandfathered family and individual coverage at all times during the year?
A: No. To address concerns over adverse selection, issuers in the individual market may restrict enrollment of children under 19, whether in family or individual coverage, to specific open enrollment periods if allowed under State law. This is not precluded by the new regulations.
For example, an insurance company could set the start of its policy year for January 1 and allow an annual open enrollment period from December 1 to December 31 each year. A different company could allow quarterly open enrollment periods. Both situations assume that there are no State laws that set the timing and duration of open enrollment periods.
Question #3: How often must an issuer in the individual market provide an open enrollment period for children under 19?
A: Unless State laws provide such guidance, issuers in the individual market may determine the number and length of open enrollment periods for children under 19 (as well as those for families and adults). The Administration, in partnership with States, will monitor the implementation of the pre-existing condition exclusion policy for children and issue further guidance on open enrollment periods if it appears that their use is limiting the access intended under the law.
In other words, it depends . . .
I have been told by Anthem, UHC, and Humana over the phone that they are still able to decline children post 9/23.
I haven't heard that, but I have heard they can and will decline a family application without regard to identifying any specific individual that caused the decline.