Sarah Borders October 21, 2026 21 min read

Transparency In Coverage: 2026 Final Rule

The Transparency in Coverage (TiC) rules, issued under Public Health Service (PHS) Act § 2715A and incorporated into ERISA § 715 and Internal Revenue Code (IRC) § 9815, require group health plans to (1) give participants personalized cost-sharing estimates and (2) post public machine-readable files (MRFs) of in-network rates, out-of-network allowed amounts, and prescription drug pricing.

On October 6, 2026, the Departments of the Treasury, Labor, and Health and Human Services (the Departments) published a final rule that overhauls the MRF formats, reduces update frequency for the in-network and out-of-network files from monthly to quarterly, adds new contextual files and an accuracy attestation, and requires cost-sharing estimates to be available by phone. The rules are effective December 7, 2026, with requirements phasing in from plan years starting January 1, 2027 through July 1, 2028. The Departments also provided a fact sheet to summarize the changes.

On October 7, 2025, the Departments also published FAQs Part 75 announcing some of the new file formats and that the Prescription Drugs MRF format should be finalized by May 2027, with the goal that plans start posting monthly Prescription Drug MRFs with attestations by December 1, 2027.

For nearly all employers, the insurance carrier or third-party administrator (TPA) builds and posts the MRFs and runs the price tool with real-time cost-sharing via web, paper, and phone. Employers with written fully insured carrier agreements can shift liability to the carrier for compliance. However, when the plan is self-funded, the employer can contractually delegate responsibility for MRFs and price tools but cannot absolve the employer of ultimate liability. Therefore, the employer should retain sufficient records demonstrating the carrier or TPA is regularly complying with TiC requirements for their self-funded plans.

Applies to:

  • Non-grandfathered group health plans of any size, both fully insured and self-funded. There is no small-employer exemption.

  • Grandfathered plans: Exempt from the MRF requirements, but the phone price comparison requirement under No Surprises Act (NSA) § 114 (IRC § 9819, ERISA § 719) still applies. The final rules confirm that meeting the TiC phone, online, and paper disclosure rules also satisfies NSA § 114.

  • Not subject to TiC: Excepted benefits (e.g., stand-alone dental and vision, health FSAs), account-based plans such as HRAs, short-term limited-duration insurance, and retiree-only plans.

Go Deeper:

The rules implement Executive Order 14221 (February 25, 2025), which directed the Departments to make pricing data standardized, accurate, and enforceable. Regulators and data users found the original 2022 files too large, duplicative, and inconsistent for use. The final rules respond by reorganizing files around provider networks, trimming implausible data, adding files that explain the data, and holding plans accountable through a signed attestation in each file.

What's Changing:

Requirement

What Changes

Applies Beginning

Participant price comparison tool with real-time cost-sharing estimates

Estimates must now be available by phone at the customer service number displayed on the ID card, in addition to the online tool and paper. Like paper requests, the plan may limit phone requests to 20 providers per day, but must tell the caller.

Updated balance-billing disclaimer is also required.

Plan years beginning on or after January 1, 2027

In-network rate file (a prospective contracted pricing file)

One file per provider network (rather than per plan) which must show network name and ID. Each network’s participating plans’ names, HIOS ID or EIN, and product type (e.g., PPO) must be reported, and CMS guidance calls for a Table of Contents File to be used for this requirement. Most carriers/TPAs will likely need to build or rebuild this file accordingly.

Updated quarterly instead of monthly.

Contracted rates for providers unlikely to perform a service are removed, and a new Taxonomy File shows which provider types were excluded from which services (see below).

A proposed Change-log File for each In-network Rate File was not finalized, and a proposal to add enrollment counts was not finalized.

March 6, 2027; first quarterly posting April 1, 2027 (still updated monthly until then)

Out-of-network allowed amount file (a retroactive billed and allowed pricing file)

One file per market (individual, small group insured, large group insured, and self-funded) instead of per plan (although plans represented in the data are still named). Claims threshold drops from 20 to 11 different claims per item or service in a given market. The reporting window widens from the 90-day period that begins 180 days before the file is published, to the 6-month period that begins 9 months before the file is published.

Moving from plan data to market data, lowering the claim threshold, and increasing the reporting period length and lookback period should result in more data appearing without compromising privacy concerns, making the files more useful.

Updated quarterly instead of monthly.

March 6, 2027; first quarterly posting April 1, 2027 (still updated monthly until then)

Attestation (for the In-network Rate File, the Allowed Amount File, the Prescription Drug File, the Utilization File, and the Taxonomy File)

Similar to the Hospital Price Transparency required attestation today, each file must attest that the data is true, accurate, and complete and encode the identity of a senior official.

A TPA may attest on the plan’s behalf under a written agreement, but the self-funded plan sponsor bears ultimate liability for missing or inaccurate data files.

Files published on/after March 6, 2027

Prescription drug file

Content not substantively changed by this rule; remains a monthly update as drug prices change too often for quarterly files to be meaningful.

The new attestation, text file, and footer requirements apply.

This file has been delayed.

Per the 2026 final rule: “The Departments plan to begin working to implement the prescription drug file in short order” in light of public comments received from a June 2, 2025, RFI.

Taxonomy file (new)

Explains which provider specialties were excluded from which services in the in-network file.

Updated quarterly.

September 6, 2027; first posting October 1, 2027

Text file (new)

A .txt file in the website’s root folder with the page URL, a direct link to the files, and a monitored contact email. Updated within 7 days of any change.

September 6, 2027; first posting October 1, 2027

Website footer link (new)

Home page footer link labeled “Price Transparency” or “Transparency in Coverage” pointing to the page that hosts the files.

September 6, 2027

Utilization file (new)

For each In-network Rate File, a new Utilization File lists services actually paid (whether paid by the plan or member) and the in-network providers who were paid, for the most recent plan year ending at least 6 months earlier.

First posting July 1, 2028; annually each July 1 thereafter

Who Does What:

 

Fully Insured Plans

Self-Insured Plans

Who builds and posts the files

Carrier

TPA or other service provider (usually), under a written agreement

Who runs the phone, paper, and online price tool with real-time cost-sharing

Carrier

TPA (and PBM for drug pricing)

Who is liable if not done

Carrier only, if a written agreement requires it to comply

The plan remains liable even when the TPA agrees to do the work and agrees to the attestations

Employer's role

Confirm the written agreement exists

Confirm the agreement, monitor the TPA, and document follow-up

Self-insured plans and their sponsors carry the most risk. The written agreement allows delegating the responsibility for the work but not the legal accountability; so, periodic monitoring is part of prudent plan oversight. If the employer maintains a public health plan website and the MRFs are hosted on the TPA’s site, the rules call for a link from the plan’s own website to the files.

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Sarah Borders

Principal, Benefits Compliance Solutions. Sarah has spent the last 15 years in the employee benefits industry, has numerous designations and serves on NAHU’s Employer Working Group Subcommittee and is an active board member of Austin AHU. She recently stepped down as Vice President of Benefits Compliance at one of the nation's largest brokerage firms to start her own compliance consulting practice. Her designations include an active license with the Texas Department of Insurance, CEBS (Certified Employee Benefits Specialist), Certified Health Care Reform Professional, HIPAA certification and Health Care Service Associate. She holds an MBA from Texas A&M Corpus Christi and a BA from University of Incarnate Word. Her consulting firm, Benefits Compliance Solutions, partners with employers to identify unknown risks and avoid hundreds of thousands of dollars in fines and lawsuits from failure to comply with their healthplan obligations.

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