Buying and Selling Across State Lines

[LGilmore]

Something being overlooked here as well is States rights. Are states OIC offices just going to be shut down? Companies can currently sell in just about every state if they comply. I don't think that aspect is ever going to move away. The Feds more or less set a minimum, states can add on and have depending on where you live.

I actually think my state even if the ACA is repealed, will keep it. They kept the Clinton plan and it actually worked pretty well after the bugs were worked out.

 

[VolAgent]

Something being overlooked here as well is States rights. Are states OIC offices just going to be shut down? Companies can currently sell in just about every state if they comply. I don't think that aspect is ever going to move away. The Feds more or less set a minimum, states can add on and have depending on where you live.

I actually think my state even if the ACA is repealed, will keep it. They kept the Clinton plan and it actually worked pretty well after the bugs were worked out.

Interstate commerce trumps state rights. Also, Congress basically decided to leave insurance to the states.

That said, I doubt states and their Congressional delegations will just roll over at any attempt to usurp their authority in this. State legislatures and regulators felt these mandates were important. They aren't just going to let Congress override them without a fight.

 

[Ann H]

I agree with the States' rights issue. Republicans tend to lower the Federal footprint, and keep the States' rights. Generally speaking, that is. It would be more probable that they would give the decision to every state as to whether or not their residents can buy over state lines (like the idea that Georgia tried). It is also probable that they would like to do block grants to the states to manage their own Medicaid.

 

[VolAgent]

I agree with the States' rights issue. Republicans tend to lower the Federal footprint, and keep the States' rights. Generally speaking, that is. It would be more probable that they would give the decision to every state as to whether or not their residents can buy over state lines (like the idea that Georgia tried). It is also probable that they would like to do block grants to the states to manage their own Medicaid.

Please point out the last time ANY President or Congress reduced the size of the Federal Government. Trump is a bit of a wild card, so maybe he will, maybe won't. Odds are, Congress won't let him anyway. They are career politicians, and career politicians try to increase their power, not decrease it.

I hate to say it, really it doesn't matter. Whatever they do, they'll screw it up. It is just a question of how bad they do it.

 

[somarco]

Interstate commerce trumps state rights. Also, Congress basically decided to leave insurance to the states.

No and no.

McCarran-Ferguson Act exempted insurance from most federal regulation (including interstate commerce) and deferred to the states. Obama threw that out the window and ran health insurance as a federal program.

States and carriers tucked their tails between their legs and never bothered to fight it.

As an aside, the House voted in 2010 to "rewrite" the Act and allow the federal govt to regulate health insurance. A rather convenient move if the fed's want to take over 20% of the economy.

 

[VolAgent]

No and no.

McCarran-Ferguson Act exempted insurance from most federal regulation (including interstate commerce) and deferred to the states. Obama threw that out the window and ran health insurance as a federal program.

States and carriers tucked their tails between their legs and never bothered to fight it.

As an aside, the House voted in 2010 to "rewrite" the Act and allow the federal govt to regulate health insurance. A rather convenient move if the fed's want to take over 20% of the economy.

So, what I said. Congress can regulate insurance through interstate commerce, and they choose not to, they passed a bill deferring to the states.

Remember, the bill was basically the result of a Supreme Court decision that said insurance was subject to regulation by the Federal Government under the Commerce Clause.

https://supreme.justia.com/cases/federal/us/322/533/

 

[Ann H]

Please point out the last time ANY President or Congress reduced the size of the Federal Government.

Good point!


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[somarco]

McCarran-Ferguson (passed in 1945) made all insurance exempt from federal regulation.

Congress decided to rewrite an ordinance that had been in existence for 65 years in order to allow the feds to have oversight of health insurance.

All other forms of insurance still follow McCarran-Ferguson.

At least until Congress see's fit to do otherwise.

Presidents, including those the rule by fiat with their pen and phone, cannot single-handedly increase (or decrease) the size of govt. The budget (which impacts the scope and size of govt) is still the responsibility of the House.

PresBO would not have been able to expand govt the way he did and add $10 trillion in debt had Congress not allowed it. They are as much to blame as he is for this financial mess.

 

[AmirMarashi]

President Trump has a solution to America’s health care problems: Just let insurance companies sell plans across state lines. It will, he argues, increase competition and offer consumers more choice and lower costs.

 

[AllenChicago]

President Trump has a solution to America’s health care problems: Just let insurance companies sell plans across state lines. It will, he argues, increase competition and offer consumers more choice and lower costs.

Here's an article that advocates removing states from the picture all-together. Blue Cross can sell the Advantage 2500, or Aetna can sell the GoodCare 1000, on a national exchange. State commissioners are bypassed all-together.

Murdock: A free market fix for Obamacare | Boston Herald