---
kind: "section"
citation: "45 C.F.R. § 156.350"
title: "45"
number: "156.350"
heading: "Eligibility and enrollment standards for Qualified Health Plan issuers on State-based Exchanges on the Federal platform."
url: "https://uscodex.org/cfr/45/156.350"
---

# §156.350. Eligibility and enrollment standards for Qualified Health Plan issuers on State-based Exchanges on the Federal platform.

- (a) In order to participate in a State-based Exchange on the Federal platform, a QHP issuer must comply with HHS regulations, and guidance pertaining to issuer eligibility and enrollment functions as if the issuer were an issuer of a QHP on a Federally-facilitated Exchange. These requirements include—
  - (1) [Section 156.285(a)(4)(ii)](/cfr/45/156.285.md?p=a-4-ii) regarding the premiums for plans offered on the SHOP, for plan years beginning prior to January 1, 2018;
  - (2) Section [156.285(c)(5)](/cfr/45/156.285.md?p=c-5) and [(c)(8)(iii)](/cfr/45/156.285.md?p=c-8-iii) regarding the enrollment process for SHOP, for plan years beginning prior to January 1, 2018; and
  - (3) [Section 156.715](/cfr/45/156.715.md) regarding compliance reviews of QHP issuers, to the extent relating directly to applicable eligibility and enrollment functions.
  - (4) [Section 156.265(d)](/cfr/45/156.265.md?p=d) of this subchapter regarding binder payments and premium payment deadlines.
- (b) HHS will permit issuers of QHPs in each State-based Exchange on the Federal platform to directly enroll applicants in a manner that is considered to be through the Exchange, as if the issuers were issuers of QHPs on Federally-facilitated Exchanges under [§ 156.1230(a)](/cfr/45/156.1230.md?p=a), to the extent permitted by applicable State law.
- (c) If the State-based Exchange on the Federal platform does not substantially enforce a requirement in [paragraph (a)](#a) of this section against the issuer or plan, then HHS may do so, in accordance with the enforcement remedies in [subpart I](/cfr/45/subpartI.md) of this part, subject to the administrative review process in [subpart J](/cfr/45/subpartJ.md) of this part.

## Notes

### Amendments

[81 FR 12351, Mar. 8, 2016, as amended at 81 FR 94181, Dec. 22, 2016; 83 FR 17069, Apr. 17, 2018]

### Source

Source: 78 FR 54143, Aug. 30, 2013, 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

[81 FR 12351, Mar. 8, 2016, as amended at 81 FR 94181, Dec. 22, 2016; 83 FR 17069, Apr. 17, 2018]