25

(b) BUILDING ON INTERIM RULES.In imple- 1

menting subsection (a), the Commissioner shall build on 2
the definition and methodology developed by the Secretary 3
of Health and Human Services under the amendments 4
made by section 161 for determining how to calculate the 5
medical loss ratio. Such methodology shall be set at the 6
highest level medical loss ratio possible that is designed 7
to ensure adequate participation by QHBP offering enti- 8
ties, competition in the health insurance market in and 9
out of the Health Insurance Exchange, and value for con- 10
sumers so that their premiums are used for services. 11
Subtitle CStandards Guaran- 12
teeing Access to Essential Bene- 13
fits 14
SEC. 121. COVERAGE OF ESSENTIAL BENEFITS PACKAGE. 15
(a) IN GENERAL.A qualified health benefits plan 16
shall provide coverage that at least meets the benefit 17
standards adopted under section 124 for the essential ben- 18
efits package described in section 122 for the plan year 19
involved. 20
(b) CHOICE OF COVERAGE. 21
(1) NON-EXCHANGE-PARTICIPATING HEALTH 22
BENEFITS PLANS.In the case of a qualified health 23
benefits plan that is not an Exchange-participating 24
health benefits plan, such plan may offer such cov- 25
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