Ramifications of Law 15

If there was one thing clear from the Congressional debate over health care, it is that health insurance markets are unhealthy.There is an immense need for antitrust and consumer protection enforcement to reign in the constant abuses of the industry. Unfortunately for consumers, McCarran-Ferguson often creates obstacles to effective enforcement. For consumers to receive the full benefits of health care reform, Congress needs to repeal the Act.

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  • Capital Hill at Sunrise

    Capital Hill at Sunrise

  • Capital Hill at Sunrise

    Capital Hill at Sunrise

PA Limited Tort Lawyer

PA Limited Tort Lawyer

Insurance Lawyers at http://limited-tort.com discuss insurance law in Pennsylvania.
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Out-of-State Insurance

Out-of-State Insurance

Insurance firms in each state are protected from interstate competition by the federal McCarran-Ferguson Act (1945), which grants states the right to regulate health plans within their borders.
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Life Insurance Lawyers

Life Insurance Lawyers

Tom Petrelli of Life Insurance Law, a network of insurance attorneys working to recover denied or delayed life insurance claims, discusses insurance law.
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Repeal McCarran-Ferguson

Repeal McCarran-Ferguson

There is an unfortunate obstacle to healthcare reform– a 68 year old antitrust exemption for health insurance – the McCarran-Ferguson Act.
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Concerns Regarding the Affordable Care Act

Those adamantly opposed to The Affordable Care Act (ACA), once derisively referred to as Obamacare but which has since lost its pejorative appellation, still rally around any bill to appeal the law or to somehow defund it. Many of these individuals see the health care law as an infringement on their personal liberty especially the mandate that everyone purchase healthcare or face a penalty that surprisingly survived a Supreme Court challenge. Other concerns revolve around the cost to businesses, its affect on hiring, worker status and whether it will ultimately reduce the number or uninsured in this country while cutting the cost of healthcare.

Cost of Coverage

A common argument against the law is that it will increase the cost of coverage since some people will only buy coverage once they become sick or injured, since there is no longer any provision for preexisting illnesses or other conditions, thus raising coverage for everyone else. Read More

Benefits of the Affordable Care Act

While The Affordable Health Care Act (ACA), also known as Obamacare, continues to spark debate and repeated efforts by GOP lawmakers to repeal the bill, it is instructive to at least examine some of the benefits provided by the law.

Covers People with Preexisting Health Conditions

This is the main benefit of the law. Previously, insurers were free to deny coverage to anyone with a health condition that existed before applying for coverage, thus disqualifying countless individuals with serious health issues and leaving them uninsured.

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McCarran-Ferguson and the Healthcare Debate

There have been a number of concerns regarding the effect of the McCarran-Ferguson Act and its impact on healthcare reform, particularly on The Affordable Care Act. McCarran-Ferguson was passed in 1945 and essentially affirmed the States’ role in regulating the insurance industry while giving insurers a limited exemption from federal antitrust laws. The antitrust exemption is limited to those activities that constitute the business of insurance, are state regulated, and do not constitute an agreement “to boycott, coerce or intimidate.” Read More

Allowing Out-of-State Insurance Purchases

Insurance firms in each state are protected from interstate competition by the federal McCarran-Ferguson Act (1945), which grants states the right to regulate health plans within their borders. Large employers who self-insure are exempt from these state regulations. 

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