Virginia judge rules health care mandate unconstitutional

[scooterbug44]

That is weird.

While I think everyone should have access to insurance, I don't think some elderly lard arse chain smoker should pay the same amount as I do for health insurance.

1) that's the Wiki version
2) It doesn't say that they can't discriminate based on age, gender, the pool, the company etc. just individual's pre-existing conditions.
3) It doesn't say that you can't give discounts or incentives.

I found this breakdown that seems pretty clear.
http://www.huffingtonpost.com/2010/03/22/health-reform-bill-summary_n_508315.html#s75260

It mentions that you can't discriminate against kids under 19 for having pre-existing conditions and that they will create a special pool for those with pre-existing conditions.

 

[Matt J]

Nope, that would be in violation of the law.

There's no prohibition for charging a premium because you decided to wait.

 

[AndrewG]

The healthcare law has the lowest approval ever according to a WaPo poll. They were so disgusted by it they refused to even publish it in the paper today. Must be nice to be a gatekeeper of info.

 

[30ashopper]

The bill:

Patient Protection and Affordable Care Act - Wikisource

Subtitle C:

Patient Protection and Affordable Care Act/Title I/Subtitle C - Wikisource

The specific area related to cost variance is section 2701.

Descrimination is covered in 2705.

Interesting - there's also section 2708 which addresses waiting periods for coverage, which references coverage defined in section 2704, which, apparently, doesn't exist or is defined in another bill. The whole thing makes my head ache.

 

[30ashopper]

I just saw that as the first bullet under 2014. How in the world are they going to set reasonable rates if they charge my mom (diabetic, smoker, heart issues, and not very healthy overall) the same as a healthy person in their twenties? That's when the wheels fall off for sure.

That is weird.

While I think everyone should have access to insurance, I don't think some elderly lard arse chain smoker should pay the same amount as I do for health insurance.

1) that's the Wiki version
2) It doesn't say that they can't discriminate based on age, gender, the pool, the company etc. just individual's pre-existing conditions.
3) It doesn't say that you can't give discounts or incentives.

It looks like it can vary based on age and smoking habit. The variation is limited though.

`(1) IN GENERAL- With respect to the premium rate charged by a health insurance issuer for health insurance coverage offered in the individual or small group market--
`(A) such rate shall vary with respect to the particular plan or coverage involved only by--`(i) whether such plan or coverage covers an individual or family;`(ii) rating area, as established in accordance with paragraph (2);`(iii) age, except that such rate shall not vary by more than 3 to 1 for adults (consistent with section 2707(c)); and`(iv) tobacco use, except that such rate shall not vary by more than 1.5 to 1; and

So obesity can't play into it. But they can charge you $100 per month for example, and your grandmother $300 a month. If I'm reading that right.

 

[30ashopper]

There's no prohibition for charging a premium because you decided to wait.

It looks like this isn't the case, but I think this says an insurer could put you on a 90 day waiting period after applying. Which would cover the whole "walk-in" liability. So you might be right about not being able to sign up right after you get sick or hurt.

 

[Matt J]

It looks like this isn't the case, but I think this says an insurer could put you on a 90 day waiting period after applying. Which would cover the whole "walk-in" liability. So you might be right about not being able to sign up right after you get sick or hurt.

Do you really think the insurance companies would have jumped on board with this thing if there wasn't some way for them to recoup their costs. I'm sure if you kept digging it allows you to sign up in front of the hospital provided you can pay the premiums in advance for 40 years.