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May 22, 2013

HHS Names HealthyCT, Inc. a CO-OP Loan Recipient

On June 8, 2012, HealthyCT, Inc., a Connecticut not-for-profit provider organization sponsored by the Connecticut State Medical Society and the Connecticut State Medical Society-IPA was named, and awarded $75.8 million as a CO-OP loan recipient under Section 1322 of the Patient Protection and Affordable Care Act (PPACA).

Sophisticated provider organizations, like HealthyCT, have shown significant interest in CO-OP formation. These entities are considered strong applicants as they are, according to the Department of Health and Human Services (HHS), "likely to be viable [as CO-OPs] because of their private support, healthcare experience, and business expertise."

The Consumer Operated and Oriented Plan (CO-OP) Program under Section 1322 of the Patient Protection and Affordable Care Act is designed to foster the creation of new consumer-governed, private, nonprofit health insurance issuers, known as CO-OPs, that will offer health plans under the Affordable Insurance Exchanges. HHS hopes that the CO-OP Program will improve the quality and cost of integrated care by creating "a new competitive presence" in the insurance marketplace.

The Final Rule, which was released on Dec. 8, 2011, reflected HHS's effort to further these goals and to ensure the flexibility for and improve the potential viability of the CO-OP Program by making it easier for larger employers to participate, recognizing provider sponsorship in governing the formation and transition boards, and ensuring CO-OPs will be operated by participants who are truly "new" to the market.

© 2013 BARNES & THORNBURG LLP

About the Author

The Barnes & Thornburg Healthcare Department regularly represents physicians, medical groups, managed care organizations, hospitals, nursing homes, and national healthcare-related associations located around the country. Given our healthcare practice, we understand the unique commercial and regulatory environment in which healthcare organizations operate. Our attorneys bring their problem-solving and consensus-building skills to listen carefully to the goals of their clients and recommend practical solutions.

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