(a) Options for conducting eligibility determinations. The Exchange may satisfy the requirements of this subpart—
- (1) Directly or through contracting arrangements in accordance with § 155.110(a); or
- (2) By use of the HHS service under paragraph (b) of this section.
- (b) Use of HHS service. Notwithstanding the requirements of this subpart, the Exchange may adopt an exemption eligibility determination made by HHS.
- (c) Administration of hardship exemption based on affordability. States may choose to administer the hardship exemption under § 155.605(d)(2) only and delegate to HHS all other exemption determinations generally administered by HHS.
[79 FR 30349, May 27, 2014, as amended at 81 FR 12346, Mar. 8, 2016]