State Health Insurance Exchanges Will Impose Federal Control

Some State legislators believe a federally-approved Exchange established by the State will be better than a federally- imposed Exchange established by the Secretary of Health and Human Services (HHS). However, the federal law makes it clear that every Exchange must conform to federal requirements, including pending regulations. Thus, a “State Exchange” is actually an imposed Federal Exchange. Some might call it a “lobster trap” for States – once in, there’s no getting out.