Why is no one exploring current laws? The lawmakers wrote protections for the people, do they not know what these current federal laws state? This is long but please, please stick with my argument.
I have been thinking about the president's statements that people are being dropped from their current insurance or being denied coverage for a pre-existing condition like acne. I started doing a little research and found that there are 2 current laws that protect people in group plans. The Public Health Service Act states:
...a group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not establish rules for eligibility (including continued eligibility) of any individual to enroll under the terms of the plan based on any of the following health status-related factors in relation to the individual or a dependent of the individual:
(A) Health status.
(B) Medical condition (including both physical and mental illnesses)
(C) Claims experience.
(D) Receipt of health care.
(E) Medical history.
(F) Genetic information.
(G) Evidence of insurability (including conditions arising out of acts of domestic
violence).
(H) Disability.
OK, so anyone in a group plan can't be denied or dropped from their healthcare plan in our present society based on a pre-existing condition, medical history, genetics, or any reason stated above.
And then there is the HIPPA law which protects coverage for workers and their families when they change or lose their jobs. It limits restrictions that a group health plan can place on benefits for preexisting conditions. Group health plans may only refuse to provide benefits relating to preexisting conditions for a period of 12 months after enrollment in the plan or 18 months in the case of late enrollment. But you can reduce this exclusion period if you had group health plan coverage or health insurance prior to enrolling in the plan. Title I allows individuals to reduce the exclusion period by the amount of time that they had "creditable coverage" prior to enrolling in the plan and after any "significant breaks" in coverage. "Creditable coverage" is defined quite broadly and includes nearly all group and individual health plans, Medicare, and Medicaid. A "significant break" in coverage is defined as any 63 day period without any creditable coverage.
In other words if you lose your current job and had continuing health insurance coverage of 12 months in your last job and find another job and pick up group insurance within 63 days or COBRA your insurance so there is no break in insurance, the new group insurance plan can’t deny you coverage based on a pre-existing condition. And if you do not meet the requirements for continuous coverage then the longest you can be denied coverage for only that pre-existing condition is 12 months unless you didn’t enroll in time and then the longest would be 18 months. And after these time periods, you receive full benefits for that pre-existing condition by law.
Anyone in a group plan is not afraid of losing coverage. If you change jobs or get fired you are covered up to 18 months by COBRA and right now the government is paying a high percent of that premium for up to 8 months.
So, next question. How many Americans are not in group plans? I figured it must be the majority because the president says we are all afraid and need change. Well, on the NAHU, National Association of Health Underwriters, I learned that only "5% of Americans do not get their health insurance coverage through an employer or through a government program, but instead purchase private individual coverage." (
http://www.nahu.org/consumer/guides.cfm)
OK, so put it all together. If 91% of all Americans have healthcare and 5% have individual plans, then 86% of Americans can't be denied or dropped from their coverage. And if they voluntarily leave a job or are fired, HIPAA provides protection for pre-existing conditions in most cases. So why are we are changing the whole healthcare system for 14% of the Americans and illegal citizens?
Shouldn't and couldn't congress and the president just amend the current laws, the Public Health Service Act and HIPAA, to include the 5% of Americans individually insured into the healthcare clauses already written? This would sure be easier.
Then Congress could work on tort reform, Medicare and Medicaid fraud, reducing costs across state lines, etc. And they could even write portability into the current law. And after these problems are solved then find a way to cover the other 9% without healthcare.
And as far as people going bankrupt after a car accident because they don't have insurance, the truth that isn't being discussed is that when a person is hospitalized after a car accident, the car insurance is the primary payer and then private healthcare plan. So even if you don't have health insurance, car insurance is mandatory and there would be coverage not bankruptcy.
So, if healthcare can be adjusted without taking away everyone's current policy, then the only logical conclusion to reach is that the president and Barney Frank have spoken the truth and the true path to single payer is through this healthcare bill and restricting the people allowed to join the group policies. This is what the current bills in congress accomplish.