We are still learning how other employers are distributing MLR rebates to their health plan enrollees. It is important to note that many other very large employers offer health insurance on a self-insured basis. Such self-insured plans are not “health insurance issuers” as defined by section 2791(b)(2) of the PHS Act and are therefore not subject to the MLR provisions of the ACA. As such, there are few very large employers with circumstances comparable to the FEHB.
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