Final rule · United States · Employee Benefits Security Administration

Employee Benefits Security Administration, Internal Revenue Service and Centers for Medicare & Medicaid Services finalize Transparency in Coverage changes for group health plans

As of our last check on November 3, 2026, this is final but not yet in effect. It takes effect December 7, 2026.

We check the Federal Register daily for later actions. We check federal court opinions for rulings on published rules weekly, on Mondays. A ruling can take time to reach us, so not finding one here does not mean there is none.

Added to AmendSignal

In short

What changed
The Department of Labor's Employee Benefits Security Administration, the Internal Revenue Service and the Centers for Medicare & Medicaid Services finalized changes to the Transparency in Coverage rules. Group health plans must now give cost-sharing estimates by phone, and their public price files are reorganized, posted quarterly instead of monthly, attested to, and supplemented by new utilization, taxonomy and contact files.
Who's affected
Employers that sponsor non-grandfathered group health plans, whether insured or self-insured, and the insurers and third-party administrators that run disclosures for them. Grandfathered plans are touched only by an option to meet a No Surprises Act requirement through these disclosures.
What to do
New and changed duties: offer cost-sharing estimates by phone and use the updated balance billing statement for plan years beginning on or after January 1, 2027; meet the reorganized in-network and out-of-network file rules, quarterly posting and attestation from March 6, 2027; and add the utilization, taxonomy and text files and the website footer link from September 6, 2027, with the first utilization file posted July 1, 2028. Confirm that your insurer or third-party administrator will handle each of these under a written agreement.

What changed

Who is affected

  • From the sourceI.A. Purpose
    non-grandfathered group health plans and health insurance issuers offering non-grandfathered group or individual health insurance coverage must comply

    Transparency in Coverage, 91 FR 63748 (October 6, 2026) (opens in a new tab)

    The rule covers non-grandfathered group health plans and health insurers offering non-grandfathered group or individual coverage.

  • From the sourceIII.B.2. New Required Method and Format
    rests with the group health plan or health insurance issuer offering coverage, even when the plan or issuer contracts with a service provider to perform certain functions on its behalf.

    Transparency in Coverage, 91 FR 63748 (October 6, 2026) (opens in a new tab)

    The duty to comply rests with the plan or insurer, even when a service provider does the work.

  • From the source29 CFR 2590.715-2715A3(b)(5)(i)
    then the issuer, but not the plan, violates the transparency disclosure requirements of this paragraph (b).

    Transparency in Coverage, 91 FR 63748 (October 6, 2026) (opens in a new tab)

    For an insured plan, if the plan sponsor has a written agreement making the insurer responsible and the insurer fails, the insurer, not the plan, is in violation.

  • From the source29 CFR 2590.715-2715A3(b)(5)(ii)
    if a plan or issuer chooses to enter into such an agreement and the party with which it contracts fails to provide the information in compliance with this paragraph (b), the plan or issuer violates the transparency disclosure requirements of this paragraph (b).

    Transparency in Coverage, 91 FR 63748 (October 6, 2026) (opens in a new tab)

    If a plan relies on another party, such as a third-party administrator, and that party fails, the plan is in violation.

  • Our analysisIII.B.2. New Required Method and Format
    the Departments assume that self-insured group health plans will rely on service providers to implement these requirements

    Transparency in Coverage, 91 FR 63748 (October 6, 2026) (opens in a new tab)

    Employers with self-insured plans carry the most direct exposure, since the agencies expect those plans to rely on service providers but the plan stays liable.

  • From the sourceIII.C.1. Provider Network-Level Reporting
    Plans without defined networks will still be required to publish Allowed Amount Files.

    Transparency in Coverage, 91 FR 63748 (October 6, 2026) (opens in a new tab)

    Plans without defined networks have no in-network rate file but must still publish allowed amount files.

What it means in practice

  • From the sourceIII.B.2. New Required Method and Format
    service providers operating on behalf of plans and issuers may incur costs associated with implementing these requirements and may recover those costs through administrative fees.

    Transparency in Coverage, 91 FR 63748 (October 6, 2026) (opens in a new tab)

    The agencies recognize that service providers may pass their costs to plans through administrative fees.

  • From the source29 CFR 2590.715-2715A3(b)(1)(iv)(C)
    May satisfy the requirements of paragraphs (b)(1)(iv)(A) and (B) of this section by entering into a written agreement under which another party (such as a third-party administrator) makes the attestation

    Transparency in Coverage, 91 FR 63748 (October 6, 2026) (opens in a new tab)

    A third-party administrator may make the attestation and name its own senior official, but only under a written agreement covering the disclosures.

  • From the sourceIII.C.5. Excluded Provider Information
    This may require contractual agreements between the parties to produce the required data in accordance with the required cadence.

    Transparency in Coverage, 91 FR 63748 (October 6, 2026) (opens in a new tab)

    Plans that use payment integrity vendors for specialty rules may need contracts with those vendors to produce the taxonomy data on schedule.

  • From the source29 CFR 2590.715-2715A3(b)(5)(iii)
    (including those offered by different plan sponsors with which that other party has an agreement) and across different health insurance markets

    Transparency in Coverage, 91 FR 63748 (October 6, 2026) (opens in a new tab)

    A self-insured plan's administrator may combine in-network rate data for many plan sponsors that share a provider network, across markets.

  • From the sourceIII.B.2. New Required Method and Format
    nothing in these final rules requires plans and issuers to build separate data systems or back-end infrastructure

    Transparency in Coverage, 91 FR 63748 (October 6, 2026) (opens in a new tab)

    The rule does not require separate data systems for the phone, paper and online disclosures.

  • From the sourceIII.C.6.b. Increasing the Reporting Period
    shortly after the publication of these final rules, the Departments intend to release Schema version 3.0

    Transparency in Coverage, 91 FR 63748 (October 6, 2026) (opens in a new tab)

    Technical specifications (Schema version 3.0) are expected shortly after publication and will shape how files are built.

What to do

AmendSignal analysis sorts these by whether this document changes them.

New or changed

Already required

Worth considering

  • Our suggestion29 CFR 2590.715-2715A3(b)(5)(ii)
    if a plan or issuer chooses to enter into such an agreement and the party with which it contracts fails to provide the information in compliance with this paragraph (b), the plan or issuer violates the transparency disclosure requirements of this paragraph (b).

    Transparency in Coverage, 91 FR 63748 (October 6, 2026) (opens in a new tab)

    Consider reviewing your agreements with your insurer or third-party administrator to confirm they cover the phone disclosures, reorganized files, new supporting files and attestation, since a plan stays liable if its third-party administrator fails.

  • Our suggestion29 CFR 2590.715-2715A3(b)(1)(iv)(C)
    May satisfy the requirements of paragraphs (b)(1)(iv)(A) and (B) of this section by entering into a written agreement under which another party (such as a third-party administrator) makes the attestation

    Transparency in Coverage, 91 FR 63748 (October 6, 2026) (opens in a new tab)

    Consider deciding who will attest to the files: a named senior official at your organization, or your third-party administrator under a written agreement.

  • Our suggestion29 CFR 2590.715-2715A2(c)(1)
    This section applies for plan years beginning on or after January 1, 2027.

    Transparency in Coverage, 91 FR 63748 (October 6, 2026) (opens in a new tab)

    Consider asking your administrator how its customer service line will handle phone cost-sharing requests for plan years starting on or after January 1, 2027.

  • Our suggestion29 CFR 2590.715-2715A3(b)(3)(iv)
    it must provide a link on its own public website to the location where the files are made publicly available.

    Transparency in Coverage, 91 FR 63748 (October 6, 2026) (opens in a new tab)

    If your plan has its own public website and the files are hosted by a service provider, consider confirming that your site links to the file location and, where required, carries the footer link.

  • Our suggestionIII.B.2. New Required Method and Format
    service providers operating on behalf of plans and issuers may incur costs associated with implementing these requirements and may recover those costs through administrative fees.

    Transparency in Coverage, 91 FR 63748 (October 6, 2026) (opens in a new tab)

    Consider budgeting for possible increases in administrative fees from service providers.

Open questions

The source leaves these open. We'll update this record if a later document answers them.

  • How should plans report a provider network identifier when none exists, and how should layered or leased networks be shown?

    The rule says these details will come in future technical implementation guidance.

  • What file format and technical specifications will the guidance require, and when will Schema version 3.0 be final?

    The rule requires a single open format set by guidance; the agencies say they intend to name JSON and release Schema version 3.0 shortly after publication.

  • What more do the agencies say about the utilization, taxonomy and text files, and why the change-log file was dropped?

    This record does not cover section III.C.8 of the rule (its discussion of the change-log, utilization, taxonomy and text files).

  • How much do the agencies expect these changes to cost plans and their service providers?

    This record does not cover sections IV and V of the rule (its paperwork burden estimates and regulatory impact analysis).

  • Will the prescription drug file requirement change?

    The rule keeps the monthly prescription drug file, and the agencies say they plan to work on implementing it in short order, informed by a June 2, 2025 request for information.

Related changes

History

  1. Latest · · Issued

    Transparency in Coverage Source (opens in a new tab)

Sources