http://www.cjr.org/campaign_desk/obamas_consumer_protections.php"...To help journalists and the public understand all this, I contacted Mila Kofman, the insurance superintendent for the state of Maine, who knows insurance regulation as well as anyone. A few takeaways: while some of Obama’s eight protections may be a real benefit to policyholders, others already exist, and reporters need to keep a careful eye on what happens to all of them as Congress and the special interests start fiddling with legislative language. Herewith is my consumer protection primer:
No discrimination for preexisting conditions. That’s a good thing, and insurers have agreed to eliminate health status as a factor for granting coverage in the individual market if every American is required to carry insurance one way or another. Right now, a few states restrict preexisting conditions clauses; the Health Insurance Portability and Accountability Act (HIPAA), passed in 1996, gives people the right to buy a policy in the individual market without regard to health problems if they do so within sixty-three days of losing coverage and if they have used up all their COBRA benefits. HIPAA, though, didn’t say anything about premiums, and so insurers in most states charge higher rates to discourage people with preexisting medical needs from signing up.
What to watch for: Lobbyists inserting language that limits insurers’ risks, like the restrictions in the HIPAA law that still make it difficult for sick people to obtain coverage. President Obama has been silent on the question of age rating, which serves as a proxy for using health as a factor in charging higher rates. Older people are likely to present more health risks and cost the insurers money. “As long as they can rate people up for age, that’s a proxy for health rating,” Kofman says..."http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=6267263&mesg_id=6267263"...Health insurers will no longer be able to deny coverage to people based on pre-existing conditions or to charge them more based on health care conditions, health care usage, or gender. These system reforms will allow more Americans to purchase the health insurance they need.
Insurance companies will, however, be allowed to charge higher premiums based on age (age rating). Unfortunately, age rating may be a proxy for pricing insurance premiums based on health status, especially on chronic conditions. The House of Representatives Tri-Committee draft bill allows insurance companies to charge older people twice as much as younger people. The Senate Finance Committee is contemplating letting insurance companies charge up to five times as much based on age..."