By the time CMS released the Plan Year 2027 Notice of Benefit and Payment Parameters (NBPP) in May, some state filing deadlines had already arrived. Just weeks later, a federal court put several provisions of that final rule on hold, sending affected issuers back to their plan designs and filing materials. CMS subsequently pushed certification notices into October, while November 1 Open Enrollment remained unchanged.
For filing teams, that meant navigating a cycle where requirements were still being settled after work was submitted, previously completed decisions needed revisiting and the time to resolve final issues kept shrinking.
As issuers turn their attention to PY2028, the question is what they can change now to avoid repeating some of the most difficult challenges of this past filing cycle. Here are three specific strategies I’m recommending to future-proof ACA filing operations for whatever comes next.
1. Build a Contingency Plan for ACA Filing Delays
The late PY2027 NBPP exposed a problem with relying on a single implementation calendar. Some states maintained their original rate, form and binder filing deadlines, while others delayed filing configurations or adjusted their schedules. The federal QHP application process was also significantly delayed.
For the next filing cycle, I recommend developing two implementation timelines:
- Timeline 1: Follow the anticipated regulatory calendar, with internal milestones for product design, actuarial review, filing preparation, approvals and submissions.
- Timeline 2: Prepare for delays in federal rulemaking, state guidance or filing-system availability. Identify which tasks can continue, which depend on final guidance and how you’ll adjust internal workflows if delays occur.
It’s critical to set a firm date for switching to Timeline 2. Work backward from your earliest filing deadlines and the time your team needs to complete reviews and approvals. If critical guidance still hasn’t arrived by that checkpoint, activate the contingency plan: advance work that isn’t dependent on the missing guidance, document outstanding assumptions and confirm state-specific filing expectations.
Don’t keep pushing internal deadlines while waiting for answers. And remember, a delay in federal guidance doesn’t automatically extend filing deadlines.
2. Build Post-Submission Changes Into Your ACA Filing Strategy
The City of Columbus litigation showed how quickly finalized requirements can change after issuers have already submitted their filings. When the court stayed several PY2027 NBPP provisions, affected issuers had to revisit plan designs and determine whether related filings needed correction.
For PY2028, issuers should plan for potential post-submission changes before the filing season begins:
- Know your correction options: Review CMS and state-specific procedures for amending submitted filings, including when revisions require regulator authorization and which deadlines limit your options.
- Keep a record of what was submitted: Maintain the submitted versions of rates, forms, benefit templates and supporting documentation, linked to the relevant plans and variants.
- Establish a process for evaluating changes: When new requirements or guidance emerge, identify which submitted plans are affected, what documents require review and which corrections the applicable regulator permits.
From there, assign responsibility for each necessary revision and coordinate updates across product, actuarial and filing teams before resubmission. The goal is to avoid reconstructing the filing history or figuring out correction procedures for the first time when a regulatory change has already put your team under pressure.
3. Build Three Portfolio Checkpoints Into Your QHP Certification Timeline
For PY2027, CMS moved certification notices into October, but Open Enrollment still began November 1. With important plan decisions and submission deadlines falling before certification notices, issuers couldn’t afford to leave all their portfolio reviews until the end of the process.
For PY2028, issuers should build three reconciliation checkpoints into their certification schedule:
- Before final plan confirmation and crosswalk submission: Compare your plan inventory against the latest QHP application and state filing records. Verify Plan IDs, variants, service areas, withdrawals and outstanding approvals.
- Before machine-readable data and marketing URL deadlines: Confirm that published plan information and enrollment-related materials reflect the latest authorized portfolio. Identify any unresolved corrections that could affect those materials.
- After certification notices: Verify that the certified portfolio matches the information prepared for Open Enrollment, and coordinate any necessary updates through the applicable processes.
These checkpoints help catch inconsistencies before they become last-minute problems, when there’s little time left to resolve them before Open Enrollment.
What PY2027 Means for Your PY2028 ACA Filing Strategy
PY2027 showed how quickly an issuer can lose control of its filing timeline. A regulatory reversal can force product revisions after submission, when opportunities for correction are narrowing. A delayed certification schedule can leave only weeks to resolve outstanding issues before Open Enrollment. And the consequences can extend well beyond additional work, potentially affecting which products an issuer can bring to market and whether they’re ready on time.
As we head into PY2028, that’s the standard I’d use to evaluate filing readiness: Can your team get its intended portfolio through regulatory review, required corrections and certification even when the rules or timelines change halfway through? The time to address weaknesses in that process is now, while there’s still room to make meaningful changes.
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