(a) Options for conducting eligibility determinations. The Exchange may satisfy the requirements of this subpart--
(1) Directly or through contracting arrangements in accordance with Sec. 155.110(a); or
(2) For an application submitted before the start of open enrollment for 2016, through the approach described in paragraph (b) of this section.
(b) Use of HHS service. Notwithstanding the requirements of this subpart, for an application submitted before the start of open enrollment for 2016, the Exchange may adopt an exemption eligibility determination made by HHS, provided that--
(1) The Exchange adheres to the eligibility determination made by HHS;
(2) The Exchange furnishes to HHS any information available through the Exchange that is necessary for an applicant to utilize the process administered by HHS; and
(3) The Exchange call center and Internet Web site specified in Sec. 155.205(a) and (b), respectively, provide information to consumers regarding the exemption eligibility process. [79 FR 30349, May 27, 2014]