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Sunday, November 17, 2013

 

Insurance companies would be insane to offer plans that failed to comply with the ACA.

Andy McCarthy

As a practical matter, it is nearly inconceivable that insurance companies would be able to reissue the canceled health-care plans. The process, as Avik Roy expertly explains, is too extensive and complex to complete in the few weeks between now and Obamacare’s coverage deadline — something that an administration that can’t, after three years, get a functioning website running should know. But even if it could be done, the insurance companies would be insane to offer plans that failed to comply with the letter of the Obamacare statute. Similarly, the state insurance commissioners would be insane to permit them, and Americans would be insane to buy them. The policies would be legally unenforceable.
 
Repeat:  The policies would be legally unenforceable.  Policies that don't comply with the law can't be enforced in court.  For example, you can't sue a hit man for failing to kill someone if he signed a contract to do so.  If a woman buys a policy that does not cover maternity care so that she will get a lower premium can sue the insurance company for maternity care because the insurance company issued an illegal policy.  
 
To repeat: insurance companies would be insane to offer plans that failed to comply with the letter of the Obamacare statute. Similarly, the state insurance commissioners would be insane to permit them, and Americans would be insane to buy them.

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