The Affordable Care Act Financial Administrative Appeals Process for Issuers

Overview

In 45 CFR 156.1220, HHS established an administrative appeals process applicable to the financial management programs set forth in the Affordable Care Act – risk adjustment, reinsurance, risk corridors, advance payment of the premium tax credit (APTC), cost-sharing reductions (CSRs), including reconciliation of the CSR portion of advance payments (CSR reconciliation) and Federally-facilitated Exchange (FFE) user fees.  The administrative appeals process generally consists of:

1. Request for Reconsideration;
2. Informal Hearing before the CMS Hearing Officer; and
3. Review by CMS Administrator (at the discretion of the CMS Administrator).

A reconsideration decision is final and binding for decisions regarding the APTC, advance CSR payments, or FFE user fees.  For risk adjustment, reinsurance, risk corridors, and CSR reconciliation administrative appeals, the final agency decision may be the reconsideration decision if the issuer does not request an informal hearing before the CMS Hearing Officer or the informal hearing before the CMS Hearing Officer decision if no party requests CMS Administrator review or the Administrator declines review.

ACA Request for Reconsideration web page to locate Request for Reconsideration web forms: https://acapaymentoperations.secure.force.com/ACAReconsideration/

Further information regarding the Administrative Appeals process is located in the Common Administrative Appeals Questions section of this webpage.  
 

For Further Questions:
 

Issuers with additional questions can email the Administrative Appeals Mailbox, ACAfinancialappeals@cms.hhs.gov.

Additional Resources

• Regulations & Guidance
• Information related to the Discrepancy Reporting Process
• Educational Materials for the Administrative Appeals Process
• PPACA Financial Appeals Risk Adjustment (including Risk Adjustment Default Charge and Risk Adjustment User Fee, and High-Cost Risk Pool) Reconsideration Request Web Form Guide - 2018 Benefit Year (PDF)
• Other Resources
  • REGTAP
  • Email the Administrative Appeals Mailbox