A story in the
WSJ about how insurers were changing account rules to get around the MLR provisions caught my attention today. Now, the rules that will define MLR haven't been written and it seems that HHS just put a request for public comment on the Federal Register. The rule making process is the most critical part of implementing the law because it is where the details are colored in. So I would ask that DU'ers take a few minutes to weigh in and ask that MLR be defined as strictly as possible, because you know insurers are going to ask the exact opposite. The submit comment button is at the top
http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480ad7202Request for Comments Regarding Section 2718 of the Public Health Service Act (Medical Loss Ratios
AGENCIES: Internal Revenue Service, Department of the Treasury; Employee Benefits Security Administration, Department of Labor; Office of the Secretary, Department of Health and Human Services.
ACTION: Notice; request for information.
SUMMARY: This document is a request for comments regarding Section 2718 of the Public Health Service Act (PHS Act), which was added by Sections 1001 and 10101 of the Patient Protection and Affordable Care Act (PPACA), Pub. L. 111-148, enacted on March 23, 2010. Section 2718 of the PHS Act, among other provisions, requires health insurance issuers offering individual or group coverage to submit annual reports to the Secretary on the percentages of premiums that the coverage spends on reimbursement for clinical services and activities that improve health care quality, and to provide rebates to enrollees if this spending does not meet minimum standards for a given plan year. Section 1562 of PPACA also added section 715 of the Employee Retirement Income Security Act of 1974 (ERISA) and section 9815 of the Internal Revenue Code of 1986 (the Code). These two sections effectively incorporate by reference section 2718 and other amendments to title XXVII of the PHS Act. The Departments of Health and Human Services (HHS), Labor, and the Treasury (collectively, the Departments) invite public comments in advance of future rulemaking.
http://www.healthreform.gov/newsroom/section2718.html