Reports were initially due December 27, 2022, however on December 23, 2022, the Tri-Agencies published ACA FAQ Part 56, announcing that enforcement would not be taken against plans or issuers, making good faith efforts to submit reports. The regulatory agencies are also providing a submission grace period through January 31, 2023 and will not consider a plan or issuer to be out of compliance, as long as a good faith submission of 2020 and 2021 data is made on or before that date. Group plan sponsors previously encountering any issues during submission may attempt to resubmit data until the new deadline.
Initially, the regulatory agencies allowed a good faith estimate for D1 Premium and Life Year (D1) data for reference years 2020 and 2021. As a result, Blue Shield made the decision to handle D1 reporting for all groups, except those with carved out pharmacy or stop loss benefits.
Based on the current guidance, however, for the next reports due on June 1, 2023, all group plan sponsors, including those with carved out benefits, will now be required to submit D1. There is a possibility that the Centers for Medicare and Medicaid Services (CMS) may issue further guidance on capturing and reporting D1, depending on the latest reports received, however they encourage your clients to prepare for D1 submission to the CMS nonetheless.
Blue Shield understands the challenges group plan sponsors might experience in submitting data to the CMS and are committed to supporting them. In the months to come, they will keep you informed on any new regulatory announcements and provide resources to help your clients navigate the requirements of this mandate.
To learn more, please refer to the CMS Pharmacy Drug Cost Reporting page or contact your Sales Consultant.