Re: The PPACA - Implementation Phase I
Two of the problems in allowing the sale of health insurance across state lines are in enforcement and in supervision. The latter not as much as the former perhaps.
The insurance commissioner of each state has some responsibility to supervise the solvency and claims'-paying ability of insurance companies that are admitted to do business in his/her state. If you have an insurance company that is not admitted to do business in a given state, yet allow it to sell policies to individuals in that state anyway, how can the insurance commissioner comply with his supervisory responsibilities? he lacks all legal authority.
There is a reason why the insurance company isn't already admitted in the state in the first place; they have to pass insurance commisisoner supervisory scrutiny first. So you have a situation in which a company either hasn't applied in the first place or has applied and was turned down, now bypassing this whole structure.
The same is true for enforcement but even more so. One powerful tool that an insurance commissioner has is the ability to restrict or revoke an insurance company's ability to do business in his/her state. Now you've taken that away as well.
Insurance generally is one of those areas that actually is best left to the states because the nation's population is so diverse and geographic and climatic conditions are so varied. You have 50 centers of localized expertise that know their own situations very well. and they are accountable to the people of their state.
Two of the problems in allowing the sale of health insurance across state lines are in enforcement and in supervision. The latter not as much as the former perhaps.
The insurance commissioner of each state has some responsibility to supervise the solvency and claims'-paying ability of insurance companies that are admitted to do business in his/her state. If you have an insurance company that is not admitted to do business in a given state, yet allow it to sell policies to individuals in that state anyway, how can the insurance commissioner comply with his supervisory responsibilities? he lacks all legal authority.
There is a reason why the insurance company isn't already admitted in the state in the first place; they have to pass insurance commisisoner supervisory scrutiny first. So you have a situation in which a company either hasn't applied in the first place or has applied and was turned down, now bypassing this whole structure.
The same is true for enforcement but even more so. One powerful tool that an insurance commissioner has is the ability to restrict or revoke an insurance company's ability to do business in his/her state. Now you've taken that away as well.
Insurance generally is one of those areas that actually is best left to the states because the nation's population is so diverse and geographic and climatic conditions are so varied. You have 50 centers of localized expertise that know their own situations very well. and they are accountable to the people of their state.
Comment