Appendix A - Response to 60-day Comment

Marketplace Operations Information Collection (0938-1353)
60-Day Public Comment Response Summary (Ended 9/9/2025)
Comment Comment Summary
Type
Burden

10/14/2025

Response

One commenter stated that this CMS collection should not be
extended based on improper third-party disclosure requirements
and protections against fraud and abuse, explaining that this
constitutes tax dollar waste and fraud since June of 2013, and
should therefore not be allowed.

1

In accordance with § 156.1230(a)(1)(ii), issuers must disclose
information on available Qualified Health Plans (QHPs) when they use
their websites to directly enroll qualified individuals into QHPs in a
manner considered to be through the Exchange, a process known as
Direct Enrollment (DE). The QHP information required to be posted on
the DE websites includes premium and cost sharing information, the
summary of benefits and coverage, metal level, results of the enrollee
satisfaction survey, quality ratings, medical loss ratio information,
transparency in coverage measures, and a provider directory. Requiring
the disclosure of this information permits consumers to make
meaningful and informed coverage decisions and select a health plan
that best meets their unique health care needs. Furthermore, an
increasing proportion of enrollment has been through DE channels in
recent years, and the disclosure of this information plays a critical role in
this process. Additionally, two other collections within this package
pertain to providing the Exchanges with the authority to issue
enforcement remedies in instances of severe issuer noncompliance –
which is critical for protecting against fraud and abuse – and allowing
issuers to appeal these enforcement actions. Discontinuing these
collections would therefore exacerbate the risk of fraud and abuse by
limiting the ability of the agency to constrain adverse issuer behavior.

Marketplace Operations PRA

CLOSE HOLD – DO NOT SHARE INFORMATION NOT RELEASABLE TO THE PUBLIC UNLESS AUTHORIZED BY LAW: This information has not been publicly disclosed and may be privileged and confidential. It is for internal government use only and must not
be disseminated, distributed, or copied to persons not authorized to receive the information. Unauthorized disclosure may result in prosecution to the full extent of the law.