What You'll Lose in New York

New York has consumer protections that: Comparable Federal Rule for AHPs?

Ensure fair insurance premiums for small groups. There are limits on:

  • Vary initial premiums based on health status
  • Limits on other rating factors: A rea and family size are the only factors permitted. Use of all other factors, including age, gender, industry, health status, claims experience, duration, and group size, is prohibited
  • Increase an employer's premiums when an employee gets sick
  • Renewal rating follows same rules as initial rates

 


No

 

 

 

 

No

Ensure access to independent review:

  • Consumers can demand independent external review of claims denials

 

No

Ensure appropriate access to care. Insurers must:

  • Cover emergency services that a “prudent layperson” thought necessary

  • Cover transitional care from a provider who leaves a network

  • Offer point-of-service option

  • Allow direct access to OB-GYNs


 

No

 

No

 

No

 

No

Ensure marketing protections:

  • Insurers must follow detailed requirements for marketing materials

 

No

Ensure health plans cover important benefits, such as:

  • Mammography screening

  • Minimum mastectomy stays


  • Cervical cancer screening

  • Well-child care Diabetes supplies and education

  • Diabetes supplies and education

  • Prompt payment rules

 


No

No

No

No

No

No (Self-funded AHPs exempt)

 

Ensure appropriate oversight of insurers:

  • State handles complaints from consumers & providers

  • State investigates, oversees, enforces rules (including financial penalties)

 

No

 

No$

Prevent failures and ensure payment of claims:

  • Insurers must maintain financial surpluses that grow with size of insurer

  • State oversees corrective action once insurer nears minimum standards

  • State acts quickly to seize assets to pay claims

 

No ($2M cap)

 

No

 

No

Promote access for the uninsured:

  • Mini-COBRA rules for small employers with fewer than 20 employees



 

No