At the same time Republican Congressional leaders are attempting to develop legislation to repeal and replace the Affordable Care Act (ACA), CMS has published a proposed rule that is intended to help stabilize the Affordable Insurance Exchanges for 2018. According to CMS, "[t]he health and competitiveness of the Exchanges, as well as the individual and small group markets in general, have recently been threatened by issuer exit and increasing rates in many geographic areas." CMS notes that some issuers cite difficulties in "attracting and retaining healthy consumers necessary to provide for a stable risk pool that will support stable rates." To help improve the risk pool and stabilize the individual and small group markets, CMS is proposing to: expand pre-enrollment verification of eligibility for individual market special enrollment periods; allow issuers to collect unpaid premiums prior to reenrolling an individual in the next year's plan; increase the de minimis variation in the actuarial values used to determine metal levels of coverage; and shorten the 2018 open enrollment period for the individual market to end December 15, 2017 (instead of January 31, 2018) to require individuals to enroll in coverage prior to the beginning of the plan year. Furthermore, CMS proposes changes in network adequacy standards that are "are intended to affirm the traditional role of States in overseeing their health insurance markets while reducing the regulatory burden of participating in Exchanges for issuers." The comment deadline is March 7, 2017.

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