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Sunday, December 13, 2015

Obamacare Law Must-Haves for Consumers: Preexisting Conditions

As Obamacare changes and modifications are tossed around, consumers must not lose the few protections that they've gained under Affordable Care. In addition to yesterday's consideration of the OOP maximum (Obamacare Law Must-Haves for Consumers: OOP Maximum, conoutofconsumer.blogspot.com), which though flawed because it's still too high for many consumers, we add here the protections afforded by the Act to those with preexisting conditions.

Consumers must require that any Obamacare "tweaks" to KEEP the prohibition against denial of coverage for preexisting conditions, but should support the use of the same language that provides for limited increased premiums just as is provided for in Section 1201 for age and tobacco use. This would not only assure that those with preexisting conditions are not denied coverage, it would also assure that they weren’t overcharged compared to other selected groups (specifically older or tobacco using groups).

Obamacare in SECTION 1201 only permits higher premiums to be charged to individuals based on age and tobacco use. The same section of the law demands that health insurers “may not impose any preexisting condition exclusion.” Not denying coverage based on a preexisting condition is a good thing, a must-have that consumers should protect in any discussion of or factual changes of Obamacare.

However…Obamacare’s provision prohibiting increased premium charges for those with preexisting conditions goes too far by prohibiting charging more for such preexisting conditions much the same as the Act authorizes charging more for age or tobacco use. The Act would be much more effective by PRESERVING the prohibition against DENYING insurance and by ADDING a provision using the language included for age and tobacco use for preexisting conditions: “Such rate shall not vary by more than 1.5 to 1,” or some other ratio.

Here’s why: By permitting charging more for people who use tobacco or age, the Act SHIFTS responsibility for paying for those with preexisting conditions to those groups. While those groups are charged more based on FUTURE concerns that they will EVENTUALLY LIKELY cost insurers more and OMITTING charging more to people who have PROVEN IN FACT THAT THEY COST insurers more, those with preexisting conditions are given superior rights to those who might cost insurers more.

This sort of flawed logic overreaches in addressing the problem Obamacare was supposed to address: The DENIAL of coverage for those with preexisting conditions. And it turns out that the number of people DENIED coverage for preexisting conditions was grossly overstated as discussed in the context of what would happen if Obamacare was repealed where the phony number of 129 million was tossed around that included potential denials AND overcharges, February of 2011, FactCheck.org, Lori Robertson.

Obamacare is chock full of provisions like this that seem more based on retaliation and frustration and self-righteous preaching than sound reasoning which undercuts its credibility and the credibility of those defending it.