The Transparency in Coverage final rule issued in November 2021 requires group health plans to publicly post and update detailed electronic "machine-readable" files by January 1, 2022. In most cases employer plan sponsors will be entirely reliant on their vendors for the employers' compliance. This indirect compliance mechanism has resulted in uncertainty for some employer plan sponsors given the short time remaining to ensure compliance.

The Business Group, as part of P4ESC, has requested a safe harbor and/or good faith standard be issued for employers to have certainty regarding their compliance status and avoidance of penalties starting January 1, 2022.