One of our clients recently told us about a health insurance plan that was being marketed to him, and we were curious enough to want to look into the situation further. In a nutshell, it’s not a discount plan, not a mini-med, and not a traditional limited-benefit indemnity plan. All of those plans should be avoided in general, and the ACA has sort of skirted around them a bit: numerous mini-meds have been granted temporary waivers in order to continue to operate, discount plans aren’t addressed by the ACA at all (and aren’t regulated by most state Division of Insurance departments either, since they aren’t actually insurance), and limited benefit indemnity plans are exempted from ACA rules (although people who have them will likely have to pay a penalty for not meeting minimum benefit requirements).
Anyway, the plan that was marketed to our client resembled traditional health insurance, but was very convoluted and sold with numerous riders to cover all sorts of different scenarios. The brochure was 27 pages long and included numerous detailed examples showing how awesome the marketed coverage was when compared with “traditional major medical.” It noted that the plan isn’t subject to ACA mandates, and the policy is still being marketed with a $5 million lifetime maximum. When I spoke with an agent for the plan (a captive agent, of course – plans like that are never marketed by brokers who have access to other policies), he told me that the policy will not be guaranteed issue next year, and that they aren’t concerned about the potential penalties that their clients will have to pay starting in 2014 for not having ACA-compliant coverage. His reasoning (and the marketing pitch that they’re making to their clients) is that their premiums will be so much lower than ACA-compliant plans that their clients will save enough money to more than make up for the penalty (currently their premiums were roughly the same as those of reputable health insurance policies).
In short, everything about this policy sounded sketchy.
A rather lengthy Google search didn’t bring up much in the way of regulations pertaining to this sort of issue. I remembered my efforts in the fall of 2011 to get specific details about regulations regarding mini-meds… and I wasn’t encouraged. At the time, the Colorado Division of Insurance wasn’t aware of a solution to the problem our client was facing (although to give them credit, I was able to speak with someone as soon as I called them). They referred me to HHS, where I had to leave a voice mail. The outgoing message said that someone would get back to me within five business days, but that was a year and a half ago and I’m not holding my breath for a reply. I also left a message for the National Association of Insurance Commissioners (NAIC) about the issue and never heard back from anyone there. We ended up getting the client onto an Anthem Blue Cross Blue Shield plan, but we never heard back from any of the government agencies we contacted regarding his mini-med situation.
So back to our current questions about the sketchy-sounding health insurance being marketed to our client. I contacted HealthCare.gov via Twitter but got no response. I called the Colorado Division of Insurance and was told that I should send in an email with the specifics. I did that on Wednesday and haven’t heard anything back from them yet. I called them this morning to follow up, and they told me that they had received my email but didn’t know to whom it had been assigned yet – this is two days after I sent it, so I would assume that perhaps the employees there are overworked and understaffed. I didn’t contact the national HHS office again, because I didn’t feel like wasting my time any further. However, I did send an email on Friday morning to the regional HHS office in Denver, so hopefully I’ll hear back from them sometime soon.
I’m also hopeful that I’ll hear back from the Colorado DOI sometime next week. They usually end up being a helpful – and local – resource, even if we have to wait a few days. Once we get some more information, I’ll write a follow-up post about how an individual carrier is apparently able to operate entirely outside the regulations of the ACA.
But for now, I’m struck by how difficult it can be to obtain information from a government agency, or even speak with a real person as opposed to just leaving a message or sending an email that may or may not ever get read. I know that private companies aren’t always shining examples of customer service, but I can’t imagine calling the claims or customer service number on the back of our Anthem Blue Cross Blue Shield card and being told […]


I don’t know the answer to that question. And I don’t think that anyone really does. The post Maggie wrote references an