On Sept 27, 2023 The Departments released FAQ6 1 that impacts previous guidance related to 2 specific requirements:

• The safe harbor provision related to percent of charge will be removed
  • They will require payers to comply with the requirement to disclose rates as a dollar amount rather than the option to display
    a percent of charge.
  • The Departments now clarify that whether a plan or issuer is able to comply with the requirement to disclose certain rates as dollar amounts is a fact-specific determination; therefore, the Departments intend to exercise enforcement discretion with respect to this requirement on a case-by-case basis, without any categorical "safe harbor".
• Deferred enforcement for prescription drug MRFs will be rescinded
  • They do not intend to consider additional rule making related to prescription drug Machine Readable Files (MRFs) and are planning to enforce the current Rx MRF requirements.
  • They intend to develop technical requirements and an implementation timeline in future guidance