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Eliot Rosewater

(34,285 posts)
Fri Oct 23, 2020, 03:48 PM Oct 2020

When, not if, ACA is destroyed, can individual states FORCE the insurance companies to

not reinstate preexisting condition clauses because health insurance is regulated by each individual state? Or not put caps back on benefits?

Regulation in the individual market is much more diverse and varied among states than is the case for large or small groups (copied this from one source)

I should remember all this but I dont.

If you live in New York state and you have employer based insurance and ACA is overturned, is that policy/insurance company regulated by the DOI for the State of New York? Can the DOI (Dept of Insurance) force them to provide certain coverages and limit premiums or profits, which is also part of ACA? Can they force them not to have preexisting?

6 replies = new reply since forum marked as read
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When, not if, ACA is destroyed, can individual states FORCE the insurance companies to (Original Post) Eliot Rosewater Oct 2020 OP
Yes. In theory states can regulate stopdiggin Oct 2020 #1
My memory is they are regulated by their domicile state, not the states they sell in Eliot Rosewater Oct 2020 #2
Believe each state regulates health insurers. That's why you see Blue Cross California, BC NY, Hoyt Oct 2020 #3
I believe it's the other way around. rsdsharp Oct 2020 #4
That is what I remember. Eliot Rosewater Oct 2020 #6
I think it is both stopdiggin Oct 2020 #5

stopdiggin

(15,463 posts)
1. Yes. In theory states can regulate
Fri Oct 23, 2020, 03:53 PM
Oct 2020

the type of coverage included in policies sold within their state.
So far at least ---- (restraint of trade?)

Eliot Rosewater

(34,285 posts)
2. My memory is they are regulated by their domicile state, not the states they sell in
Fri Oct 23, 2020, 03:55 PM
Oct 2020

or the regulation varies and is not clear.

Maybe it is only not clear to me, because my memory is fading.

 

Hoyt

(54,770 posts)
3. Believe each state regulates health insurers. That's why you see Blue Cross California, BC NY,
Fri Oct 23, 2020, 04:03 PM
Oct 2020

BC Georgia, etc. (They also use Anthem.)

I don't think SC will declare entire ACA unconstitutional. But who knows?

rsdsharp

(12,002 posts)
4. I believe it's the other way around.
Fri Oct 23, 2020, 04:06 PM
Oct 2020

That’s why the Republican “health care plans” always include being able to sell across state lines. Companies domiciled in states where anything goes could sell junk plans into states where the restrictions on what the companies can do are more stringent.

Eliot Rosewater

(34,285 posts)
6. That is what I remember.
Fri Oct 23, 2020, 04:20 PM
Oct 2020

The bottom line is if a blue state can regulate the policy to have to be identical to existing ACA, and I guess they can, the question is what would the carrier do, refuse to sell in that state or charge way too much?

Time for UHC, but when half the country WANTS To hand over their house to Rick Scott or other criminals, makes it harder.

stopdiggin

(15,463 posts)
5. I think it is both
Fri Oct 23, 2020, 04:08 PM
Oct 2020

in that generally an insurance company has to be licensed to sell within your state (and thus falls under their regulation and standards). But I'll match you fuzzy for fuzzy ...

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