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| HHS letter to State Insurance Commissioners |
| 2013-11-15 |
| A section of the HHS issued a letter telling State Ins commissions they could allow more grandfathering of policies (see link). Of course the regulations promulgated by the HHS say otherwise. The State insurance commissions are now in a position of either complying with policy or regulations. If they choose the former, the insurance companies would have to worry about their legal liability if they issue a policy that does not comply with the Code of Federal regulations. Of course, the Obama team will try to now say the ball is in someone else's court. If by court they mean law court, they may be right. |
| Posted by:lord garth |
| #15 Considering the insurance companies a) agreed to this monstrosity (why turn down a federally-mandated customer base to buy your products?), and b) had no problem with cancelling customer's polices to "comply with Federal regulations", I've not much sympathy. |
| Posted by: Pappy 2013-11-15 17:17 |
| #14 If you had an condition under your insurance (say Diabetes) and your insurance in cancelled due to ObumbleCare and Obama waves his little -er- finger and your insurnace is back... can they (the insurance company) refuse to cover you citing a 'pre-existing condition'? So many ramifications.... |
| Posted by: CrazyFool 2013-11-15 17:16 |
| #13 Trying to shift the blame to the insurance companies who really are in no position to change directions 180 degrees. It might work for awhile, then the disaster will intensify. |
| Posted by: Shipman 2013-11-15 16:43 |
| #12 a lot of legal discussion today on this it seems as if, for policies already cancelled, any reinstatement would almost certainly illegal and someone who got a policy and was ticked off that it didn't cover something would have a good chance of prevailing in court at the other end, for policies that have not been cancelled and are in states where policies that comply with state insurance laws are protected from lawsuits (I don't know how many there are like that) and where the insurance commission makes an affirmation that continuing a policy is legal under state law, the insurance company is probably safe from lawsuits of the type noted in the earlier paragraph. As, however, implied by others, a company that does issue policies that do not comply with the ACA could be sued by the feds on other grounds which the feds would claim are not related to the ACA but actually would be. |
| Posted by: lord garth 2013-11-15 15:03 |
| #11 What TARP did for the banking industry, this 'OOPS' will do for the insurance industry. Look for TAX subsidized reinsurers just like the breakout mortgage lender boom. |
| Posted by: Skidmark 2013-11-15 13:10 |
| #10 I sense that some of the Democrat Congresscritters are running scared--2014 elections are around the corner. |
| Posted by: JohnQC 2013-11-15 12:54 |
| #9 they could allow more grandfathering of policies This is a legalistic and panicky pre-emption of Senator Landrieu's and Rep. Upton's proposed bills. Senator Landrieu's bill would |
| Posted by: Pappy 2013-11-15 12:06 |
| #8 America is going down the drain because of Obamacare! |
| Posted by: Sputh Ghibelline1965 2013-11-15 11:13 |
| #7 Aikido in 20 seconds: as a former insurance comissioners Sebelius should know better, and her history of circumventing law and procedure (attempting to raid protected accounts when she failed to approve the budget in her final year as governor of Kansas). (Pacific Rim trailor voice) "Sebelius...Let's look behind the curtain. As a former Insurance Comissioner she should know the laws and regulations required. As a Governor she should know legal procedures. In her final year in Kansas she ran an illegal business out of her governor's mansion and attempted to raid retirement accounts and volunteer fire fighter pensions when she neglected the Kansas budget for the trappings of Oz. Ask yourself: is she fit for your health decisions?" |
| Posted by: swksvolFF 2013-11-15 10:43 |
| #6 Couple of points: 1) If you were an insurance company would you take Barak Obama, a guy lies to your face and then denies it in the face of video evidence, at his word not to prosecute? 2) That same Barack Obama might think he has the authority to set aside laws - but the Supreme Court in a future ruling might disagree. And besides while Bumbles might think he can ignore the law of the land - insurnace companies simply cannot. 3) |
| Posted by: CrazyFool 2013-11-15 10:26 |
| #5 Seems like a pretty clever political manuever here - insurance companies are now 'free' to continue old 'substandard' policies, but of course the insurance companies won't be willing to do that because it would violate different laws and policies, and open them up to lawsuits. So now the cancellations can be fully 'blamed' on the insurance companies rather than Zero-care. |
| Posted by: Glenmore 2013-11-15 09:58 |
| #4 Good thing this law was passed so we could find out what was in it. Washington state insurance commish rejects the additional time; wonder how long before he gets a 'visit' from 'da boyz' to convince him to change his mind.... |
| Posted by: USN, Ret. 2013-11-15 07:46 |
| #3 Investor's Business Daily article, same subject. |
| Posted by: Besoeker 2013-11-15 03:14 |
| #2 Once again, Champ's edicts trump the enforcement of written law. |
| Posted by: Besoeker 2013-11-15 03:04 |
| #1 In my email FL BCBS Thursday, November 14, 2013 Earlier today, we advised that President Obama announced that insurers can extend current plans into 2014. The Centers for Medicare & Medicaid Services (CMS) have now released additional clarification on this announcement, advising that small groups are also included in the extension into 2014. We have just released small group renewal letters that do not include this recent information, so please be aware that you may be getting questions from your small groups who receive their renewal letters. We will be evaluating the impacts to the small group segment and will keep you informed. The following message from earlier today remains relevant: We can tell members with plans scheduled to close on January 1, 2014 that we will continue their policy into 2014. Florida Blue will send information to affected members in the next few days explaining in detail the changes and how it affects them. We can tell members with plans scheduled to close on July 1 or August 1, 2014 that weÂ’re still evaluating how this impacts them and are waiting for detailed information from the federal and state government. We will also let these members know as soon as possible how this affects them. Florida Blue will continue to work closely with our policyholders to help them find plans that meet the new requirements under the Affordable Care Act (ACA). By allowing our members to remain in their current plans through 2014, they will have additional time to ascertain if they qualify for a subsidy and to find new plans for 2015 that meet the ACA requirements. We will work as quickly as possible to make the needed changes. The company will continue to reach out to members to offer guidance related to their health care needs. |
| Posted by: Beavis 2013-11-15 01:35 |