45 CFR §155.1020

1. (a)Receipt and posting of rate increase justification. The Exchange must ensure that a QHP issuer submits a justification for a rate increase for a QHP prior to the implementation of such an increase, except for multi-State plans, for which the U.S. Office of Personnel Management will provide a process for the submission of rate increase justifications. The Exchange must ensure that the QHP issuer has prominently posted the justification on its Web site as required under § 156.210. To ensure consumer transparency, the Exchange must also provide access to the justification on its Internet Web site described in § 155.205(b).
2. (b)Rate increase consideration.
   1. (1)The Exchange must consider rate increases in accordance with section 1311(e)(2) of the Affordable Care Act, which includes consideration of the following:
      1. (i)A justification for a rate increase prior to the implementation of the increase;
      2. (ii)Recommendations provided to the Exchange by the State in accordance with section 2794(b)(1)(B) of the PHS Act; and
      3. (iii)Any excess of rate growth outside the Exchange as compared to the rate of such growth inside the Exchange.
   2. (2)This paragraph does not apply to multi-State plans for which the U.S. Office of Personnel Management will provide a process for rate increase consideration.
3. (c)Benefit and rate information. The Exchange must receive the information described in this paragraph, at least annually, from QHP issuers for each QHP in a form and manner to be specified by HHS. Information about multi-State plans may be provided in a form and manner determined by the U.S. Office of Personnel Management. The information identified in this paragraph is:
   1. (1)Rates;
   2. (2)Covered benefits; and
   3. (3)Cost-sharing requirements.