---
kind: "section"
citation: "45 C.F.R. § 156.290"
title: "45"
number: "156.290"
heading: "Non-certification and decertification of QHPs."
url: "https://uscodex.org/cfr/45/156.290"
---

# §156.290. Non-certification and decertification of QHPs.

- (a) **Non-certification for a subsequent, consecutive certification cycle.** If a QHP issuer elects not to seek certification for a subsequent, consecutive certification cycle with the Exchange, the QHP issuer, at a minimum, must—
  - (1) Notify the Exchange of its decision prior to the beginning of the recertification process and adhere to the procedures adopted by the Exchange in accordance with [§ 155.1075](/cfr/45/155.1075.md) of this subchapter;
  - (2) Fulfill its obligation to cover benefits for each enrollee through the end of the plan or benefit year through the Exchange;
  - (3) Fulfill data reporting obligations from the last plan or benefit year of the certification;
  - (4) Provide notice to enrollees as described in [paragraph (b)](#b) of this section; and
  - (5) Terminate the coverage or enrollment through the Exchange of enrollees in the QHP in accordance with [§ 156.270](/cfr/45/156.270.md), as applicable.
- (b) **Notice of QHP non-availability.** When, for a subsequent, consecutive certification cycle, a QHP issuer elects not to seek certification with the Exchange, or the Exchange denies certification of a QHP, the QHP issuer must provide written notice to each enrollee in the form and manner specified by the Secretary under [§ 147.106](/cfr/45/147.106.md) of this subchapter.
- (c) **Decertification.** If a QHP is decertified by the Exchange, the QHP issuer must terminate the enrollment of enrollees through the Exchange only after:
  - (1) The Exchange has made notification as described in [§ 155.1080](/cfr/45/155.1080.md) of this subchapter; and
  - (2) **Enrollees have an opportunity to enroll in other coverage.**

## Notes

### Amendments

[77 FR 18469, Mar. 27, 2012, as amended at 80 FR 10875, Feb. 27, 2015; 81 FR 94181, Dec. 22, 2016]

### Source

Source: 77 FR 18469, Mar. 27, 2012, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 18021-18024, 18031-18032, 18041-18042, 18044, 18054, 18061, 18063, 18071, 18082, and 26 U.S.C. 36B.

### Source

Source: 76 FR 77411, Dec. 13, 2011, unless otherwise noted.

### Amendments

[77 FR 18469, Mar. 27, 2012, as amended at 80 FR 10875, Feb. 27, 2015; 81 FR 94181, Dec. 22, 2016]