At Least Two States Balk At CMS' Auto Re-Enrollment Policy, Raise Legal Issues

State officials in Wisconsin and Nebraska are balking at CMS' plan to automatically re-enroll individuals whose current qualified health plans (QHPs) will not be sold on the exchanges in 2017 into another product, saying that doing so would violate both federal and state law and consumer privacy. CMS asked state regulators to decide if they wanted to control the automatic re-enrollment process or to defer to CMS by June 30, but Wisconsin and Nebraska declined to do either. According to...