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Thread: Supreme Court health care arguments under way

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    Re: Supreme Court health care arguments under way

    Originally Posted by iguanaman
    Ha, ha, you crack me up. Everybody has some pre-existing condition and ins. companies often use any little illness you might have forgotten to deny coverage for major illness that was not pre-existing. It is racket they use to get rid of sick people and increase profit.
    Seems that someone is getting pre-ex and contestability confused, which considering democrats often conflated and confused the two, really doens't surprise me.

    For the insurance company to legally and properly break the contract under the contestability clause, the insured must not be making statements that are untrue and those untrue statements must be material to the issuance of the contract. I.e. the contract would not have been issued had the insured not lied on the application.

    Pre-ex just means that the insurance company will not cover a condition that pre-existed te contract for the first year or two of the policy being inforce. After those first 2 years (on average) the insurance policy will even cover pre-ex conditions.

    There are special rules when the insurance policy was issued as a group policy by a company the insured works for.

    NOw, there have been some insurance companies that incorrectly rescinded a contract of insurance during the contestability period. Those companies have faced fines and lawsuits - as they should.
    Last edited by buck; 03-28-12 at 04:54 PM.

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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by Billy the Kid View Post
    Thought all on this thread might be interested in the last comments for the day.


    SCOTUSblog

    Will Medicaid Be Scarificed - Analysis

    [...]
    My emphasis:
    Congress’s capacity to react in a sensible way also came into some question, particularly from Justice Scalia and, in a way, from Justice Anthony M. Kennedy, both of whom seemed to harbor doubts that the lawmakers would be up to the task of working out a new health care law if this one failed, either totally or partially. Scalia noted the problems in the filibuster-prone Senate. Kennedy wondered whether expecting Congress to perform was a reference to “the real Congress or the hypothetical Congress.”
    At least they haven't lost their sense of humor!
    Last edited by MoSurveyor; 03-28-12 at 04:54 PM.
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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by Neomalthusian View Post
    Civil law can address this. If not, I imagine customers would ultimately flee the company and it'd fold. Who's gonna keep paying a company that reneges on its agreement using fine print? That's either a contract not made in good faith (civil law matter), or at least a reason for customers to abandon/boycott the scam and watch the company crash and burn.



    There it is. These dreaded companies called the shots and won a way to GUARANTEE their revenue stream. What a glorious business to be in... One where the government forces customer retention in spite of terrible business practices.
    Huh? So you think not allowing ins. Co. to drop people when they get sick is bad business? So according to you they only need to insure healthy people and now you are talking like the insurers.
    You can't "flee" insurance companies when you get sick and that's when you find out that they won't pay. That's how they get away with it. You pay until you need coverage and find out you are denied.

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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by Neomalthusian View Post
    Civil law can address this. If not, I imagine customers would ultimately flee the company and it'd fold. Who's gonna keep paying a company that reneges on its agreement using fine print? That's either a contract not made in good faith (civil law matter), or at least a reason for customers to abandon/boycott the scam and watch the company crash and burn.



    There it is. These dreaded companies called the shots and won a way to GUARANTEE their revenue stream. What a glorious business to be in... One where the government forces customer retention in spite of terrible business practices.
    The entire industry does this so there are no other options except NONE. Not many people are going to take that option.

    As far as suing them goes, it's often easier to fight City Hall than fight a corporation. Corporations generally have more money to spend - and certainly the entire industry does. They can't let even one precedent get past the system or they're toast.
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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by Harshaw View Post
    Make whatever excuses you want; you still read a ton into my post which wasn't there, and suggested I said things I didn't.
    And you slapped me for doing so.
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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by buck View Post
    Seems that someone is getting pre-ex and contestability confused, which considering democrats often conflated and confused the two, really doens't surprise me.

    For the insurance company to legally and properly break the contract under the contestability clause, the insured must not be making statements that are untrue and those untrue statements must be material to the issuance of the contract. I.e. the contract would not have been issued had the insured not lied on the application.

    Pre-ex just means that the insurance company will not cover a condition that pre-existed te contract for the first year or two of the policy being inforce. After those first 2 years (on average) the insurance policy will even cover pre-ex conditions.

    There are special rules when the insurance policy was issued as a group policy by a company the insured works for.

    NOw, there have been some insurance companies that incorrectly rescinded a contract of insurance during the contestability period. Those companies have faced fines and lawsuits - as they should.
    Actually it is standerd practice to attempt to deny coverage for any illness and they have banks of employees who only job is just that. You trust the courts and lawyers way too much, an individual going against the deep pockets of the insurers and their lawyers stand little chance of prevailing. Are all you righties so naive?
    Last edited by iguanaman; 03-28-12 at 05:11 PM.

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    Quote Originally Posted by MoSurveyor View Post
    The entire industry does this so there are no other options except NONE. Not many people are going to take that option.
    So you're saying people would rather be scammed than save for their own medical care?

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    Quote Originally Posted by iguanaman View Post
    Actually it is standerd practice to attempt to deny coverage for any illness and they have banks of employees who only job is just that. You trust the courts and lawyers way too much, an individual going against the deep pockets of the insurers and their lawyers stand little chance of prevailing. Are all you righties so naive?
    buck laid out some information that straightforwardly clarifies your sweeping misconceptions and exaggerations. You calling him naive after that post is childish.

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    Re: Supreme Court health care arguments under way

    Quote Originally Posted by iguanaman View Post
    Actually it is standerd practice to attempt to deny coverage for any illness and they have banks of employees who only job is just that. You trust the courts and lawyers way too much, an individual going against the deep pockets of the insurers and their lawyers stand little chance of prevailing. Are all you righties so naive?
    I work for an insurance company and one of my first jobs with them was as a claim examiner and I am an associate of life and health claims , so have had multiple tests I had to take.

    Insurance companies do not have banks of employees whose job it is to deny coverage. When a prospective insured lies on the application to make themsevles appear more healthy then they really are and those lies, if known, would have caused the insurance company to not offer insurance, the contract is viewed as never having been issued. This is plain contract law and is not unique to insurance companies.

    The state's departments of insurance (DOI) will help a harmed insured and the courts are an option. And yes, the courts have found against insurance companies when they were in the wrong and the DOI is a strong proponent for insureds.

    I will absolutely acknowledge that some insurance companies have acted wrongly and those companies, once caught, face huge penalties that cost them huge sums of money in both fines and restrictions they have to face. Trust me, insurance companies bend over backwards to ensure they are in compliance with the DOI and they are audited quite often to ensure they are following applicable rules and laws.
    Last edited by buck; 03-28-12 at 05:25 PM.

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    Re: Supreme Court health care arguments under way

    I can honestly say that the few dealings I've had with insurance companies - auto accidents, hail damage, healthcare - have been relatively painless. I understand the amount of fraudulent claims they have to filter (people are always trying to find free money), so yes, it can be a painful process.

    But if government gets in the game full bore, insurance companies are toast. Government doesn't have to show a profit, a legitimate insurance company does. Government can waste all the money it wants; it's not their money anyway, so why do they care?

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