Americans For Limited Government 9900 Main Street Suite 303 · Fairfax, VA 22031 · Phone: 703.383.0880 · Fax: 703.383.5288 · WWW.GETLIBERTY.ORG September 27, 2010 Centers for Medicare & Medicaid Services Department of Health and Human Services Attention: OCIIO-9995-IFC P.O. Box 8010 Baltimore, MD 21244-8010 Submitted Electronically Via Regulations.gov RE: Comments of Americans for Limited Government on RIN 0991-AB71 Interim Final Rules for Pre-Existing Condition Insurance Plan Program To Whom It May Concern: These comments are submitted pursuant to the Interim Final Rule that was published by the Department of Health and Human Services (hereinafter “Secretary” or “HHS”) on July 30, 2010 at 75 Fed. Reg. 45,014 also referred to as file code OCIIO-9995-IFC. The Interim Final Rule implements the provisions of Public Law 111-148, the Patient Protection and Affordable Care Act (hereinafter “Act”) relating to the establishment of high-risk insurance pools called Pre-Existing Condition Insurance Plans (hereinafter “PCIP”). The Act requires the Secretary to establish PCIPs either directly, through 1individual states, or through non-profit private entities. As will be discussed below, we are concerned about the Secretary’s failure to implement an initial participation cap based on initial official estimates of the PCIP program’s capacity. Without such a cap, the Secretary risks luring individuals into the program only to raise rates, reduce ...