Saturday, August 8, 2009

HR 3200, Sections 114-116

“SEC. 114. NONDISCRIMINATION IN BENEFITS; PARITY IN MENTAL HEALTH AND SUBSTANCE ABUSE DISORDER BENEFITS.
(a) Nondiscrimination in Benefits- A qualified health benefits plan shall comply with standards established by the Commissioner to prohibit discrimination in health benefits or benefit structures for qualifying health benefits plans, building from sections 702 of Employee Retirement Income Security Act of 1974, 2702 of the Public Health Service Act, and section 9802 of the Internal Revenue Code of 1986.
(b) Parity in Mental Health and Substance Abuse Disorder Benefits- To the extent such provisions are not superceded by or inconsistent with subtitle C, the provisions of section 2705 (other than subsections (a)(1), (a)(2), and (c)) of section 2705 of the Public Health Service Act shall apply to a qualified health benefits plan, regardless of whether it is offered in the individual or group market, in the same manner as such provisions apply to health insurance coverage offered in the large group market.
SEC. 115. ENSURING ADEQUACY OF PROVIDER NETWORKS.
(a) In General- A qualified health benefits plan that uses a provider network for items and services shall meet such standards respecting provider networks as the Commissioner may establish to assure the adequacy of such networks in ensuring enrollee access to such items and services and transparency in the cost-sharing differentials between in-network coverage and out-of-network coverage.
(b) Provider Network Defined- In this division, the term `provider network' means the providers with respect to which covered benefits, treatments, and services are available under a health benefits plan.
SEC. 116. ENSURING VALUE AND LOWER PREMIUMS.
(a) In General- A qualified health benefits plan shall meet a medical loss ratio as defined by the Commissioner. For any plan year in which the qualified health benefits plan does not meet such medical loss ratio, QHBP offering entity shall provide in a manner specified by the Commissioner for rebates to enrollees of payment sufficient to meet such loss ratio.
(b) Building on Interim Rules- In implementing subsection (a), the Commissioner shall build on the definition and methodology developed by the Secretary of Health and Human Services under the amendments made by section 161 for determining how to calculate the medical loss ratio. Such methodology shall be set at the highest level medical loss ratio possible that is designed to ensure adequate participation by QHBP offering entities, competition in the health insurance market in and out of the Health Insurance Exchange, and value for consumers so that their premiums are used for services.”

Translation:
1. Private insurance companies can’t discriminate against people. Duh.
2. Private insurance companies have to cover mental health problems and substance abuse treatment.
3. Private insurance companies that use “provider networks” – you know, the lists of approved doctors you can see on the plan – have to be able to demonstrate that those networks are able to meet the standards that Der Kommisar sets for them.
4. Private insurance companies have to refund money to their enrollees for any year they don’t spend enough on providing care. This places a cap on the amount of money private insurance companies can make. Too bad the “public option” doesn’t have such a provision – refunding tax dollars in such cases.
Notes:
Remember something here. The socialized “public option” will be taxpayer-funded. All this stuff I’m telling you about is simply the set of rules governing the insurance you may choose to have instead of using the crummy government health care. It’s a lot like school. Sometimes you live in an area with lousy public schools, so you may choose to spend extra to send your kid to private school or even home-school them. But you still have to pay taxes for the public schools. This is simply ludicrous, that the government is not just messing up the public insurance they’re going to offer; they are also trying to ruin the private insurance option. Yet, they still maintain that they aren’t trying to destroy private insurance. Right.

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