
Originally Posted by
longfisher
State control of the insurance industry within each state was established (finally after a few legislative and judician tussles) with the passing and signing into law of the McCarran-Ferguson Act of 1945. That law, for all intents and purposes, declares that the business of insurance will be subject to state law.
In the wake of that law's passage and really quite soon after it's passage each state has established a state agency to regulate all forms of insurance and all agents licensed to work within that state.
The regulations of the states closely mimick one another because of an association called the National Association of Insurance Commissioners (NAIC) which, as the name suggests, is an association of all the elected or appointed state commissioners of the administrative agencies tasked with regulating insurance. So, it's up to the states how they regulate insurance and the only significant moderating force is the advice and council of a non-state association of "wise men" called the NAIC.
If the insurance companies within your state engage in collusion and price fixing it's up to the individual states to fix that problem. At least here in Texas, the department of insurance is a beneficial rabid dog and aggressively protects the rights of the individual consumer.
But even here the state legislature has historically prevented the department from regulating all health insurance rate changes as the language in the law permitting such regulation for ALL health insurance was missing. That may be changing for the better with the passage of Health Reform (PPACA) as the Federal Government, recognizing it's inability to require states to review rates and recognizing that insurance regulation rests with the states, has at least "encouraged" each state to review health insurance rates by providing many millions of dollars of grants to the state for the asking which is intended to defray the costs of establishing the departments with the regulating agencies to establish rate reviews.
Quite simply, it's a state rights issue. But the Federal Government under Obama's Patients Protection and Affordable Care Act are doing what they can under the constraints of existing law to help the state establish or perfect rate reviews.
In many states, it will take more than just money to permit these reviews. That's because many state's have never permitted their regulators to review health insurance rates. So, laws must be changed or formulated and put in place for the state agencies to review insurance rate proposals.
But here's where the politics come in. There has been a concerted effort almost exclusively on the part of right-wing political parties nation-wide to resist the implementation of meaningful legislation that would permit rate reviews by the states that don't already have existing laws which permist same. With their votes, most Republicans and Tea Party-ers have sustained and bolstered these obstructionists.
So, IMO meaningful rate review of health insurance rates is unlikely in many states until either the Republicans hear enough complaints from people like you or they relent out of, well, social conscience. I've not seen much social conscience on the part of Republicans on health care, period. So, I believe that relief will not be found in the offices of state regulators in states which do not already have such powers.
I'm sorry the news is so bleak. But if you would like to be heard on this issue you need to contact your state's governor and your state representatives and senator. Currently, they hold the key now to meaningful or meaningless state regulation of health insurance rates.
LF