Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Monday, March 29, 2010

Obama Care-Check The Fine Print

Coverage For Sick Children? is an important March 29, 2010 New York Times article. Some insurance companies are already arguing that they do not have to provide one of the benefits that the president calls a centerpiece of the law: coverage for certain children with pre-existing conditions. As the article states:

Insurers agree that if they provide insurance for a child, they must cover pre-existing conditions. But, they say, the law does not require them to write insurance for the child and it does not guarantee the “availability of coverage” for all until 2014.

William G. Schiffbauer, a lawyer whose clients include employers and insurance companies, said: “The fine print differs from the larger political message. If a company sells insurance, it will have to cover pre-existing conditions for children covered by the policy. But it does not have to sell to somebody with a pre-existing condition. And the insurer could increase premiums to cover the additional cost.”

Congressional Democrats were furious when they learned that some insurers disagreed with their interpretation of the law.

“The concept that insurance companies would even seek to deny children coverage exemplifies why we fought for this reform,” said Representative Henry A. Waxman, Democrat of California and chairman of the Energy and Commerce Committee.

Mitchell H. Rubinstein

http://lawprofessors.typepad.com/adjunctprofs/2010/03/obama-carecheck-the-fine-print.html

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