RSS Articles and Information
  • Implanted Heart Devices Affected by iPads May 27, 2015
    A new study has found that the magnetic interference from iPads could alter the settings or even deactivate implanted defibrillators. This interference comes from the magnets imbedded in the iPad 2 and its Smart Cover. Magnets in the heart devices …
  • Canadian Cancer Patient Says Korean Surgery Saved His Life May 22, 2015
    Gerd Trubenbach of British Columbia was diagnosed with cancer, as a huge tumor was growing in his neck. His family doctor suggested that the tumor could not be removed and there was nothing else that could be done. The wait …
  • How to Prevent Hemorrhoids May 20, 2015
    Many people have hemorrhoids at some time, and they are a common problem. Hemorrhoids are swollen veins in the anal canal, which can be painful but not usually serious. They are caused from too much pressure on the veins in …
  • Emergency Room Visits Increase with Obamacare May 15, 2015
    Obamacare predicted that expanding health insurance coverage for the poor would reduce costly emergency room visits. A new study has found that newly insured people are actually visiting the ER more often, 40% more often than those who are uninsured. …
  • Transparency: Changing the US Healthcare System May 13, 2015
    Ralph Weber, President and CEO of MediBid, is interviewed by David Saltzman of ShiftShapers. Mr. Weber has been in the benefits business since the mid 1990s, serving clients in the US, Canada, and around the globe. A lack of information …
  • Appalachia Sees Increased Cases of Hepatitis C May 11, 2015
    Infections of Hepatitis C, a contagious liver infection spread by blood contact, has more than tripled in Appalachia – Kentucky, Tennessee, Virginia, and West Virginia – fueled by prescription drug abuse in rural areas. About 73% of patients are under …
  • An American Response to Losing ObamaCare Subsidies May 8, 2015
    by Jane Orient, MD This summer, the U.S. Supreme Court could, in King v. Burwell, uninsure 8 million Americans by finding that subsidies are illegal outside State Exchanges. Some Republicans are saying “Let it burn.” For Democrats, it’s “ObamaCare or nothing.” Can …
  • Arthritis Awareness – May Lab Specials May 6, 2015
    Nearly 53 million adults and 300,000 children in America have arthritis. By 2030, 67% of the population will suffer from one type of arthritis.  Arthritis, joint pain or joint disease, is the leading cause of disability in the United States. …
  • American Women are Drinking More Heavily May 4, 2015
    Barbara Feder Ostrov, Kaiser Health News Whether quaffing artisanal cocktails at hipster bars or knocking back no-name beers on the couch, more Americans are drinking heavily – and engaging in episodes of binge-drinking, concludes a major study of alcohol use. …
  • Shortage of Available Surgery Causes Deaths Worldwide May 1, 2015
    Millions of people die worldwide with treatable conditions because of the lack of routine surgeries, more than from malaria, AIDS, and tuberculosis combined. Five billion of the seven billion people in the world cannot get needed surgery or pay for …
  • Cleaning Tips for a Healthy Home April 29, 2015
    Cleaning your home not only makes it look and smell better, it also can improve your family’s health.  Here are some activities you may not have thought of that will make you and your home healthy and safe: Dust Everything …
  • Using Mobile Devices at Night is Bad For Your Brain April 27, 2015
    Dr. Daniel Siegel, a psychiatrist from UCLA, states that staring into a glowing screen late at night is harmful to your brain and body. Staring at any screen at bedtime, be it computer, smartphone, or ipad, is worse than previously …
  • Few Patients Use Quality, Price Information To Make Health Decisions April 24, 2015
    by Jordan Rau, Kaiser Health News Despite the government’s push to make health information more available, few people use concrete information about doctors or hospitals to obtain better care at lower prices, according to a poll released Tuesday. Prices for …
  • Shopping Tools Save Patients Cash on Medical Care April 22, 2015
    Vicki Burns of New Mexico needed a total hip replacement in 2012, but could not afford the hospital’s non-negotiable cash estimate of $79,000. Within two days of placing a patient request on MediBid, she received two bids. She chose a …
  • Hysteria’s History Episode 3 April 21, 2015
  • 20th Century Experiment Attempts to Turn Back Time April 20, 2015
    Ellen Langer, a Harvard psychologist, conducted a radical experiment in 1979 – the results of which were never published. Last fall, this study was featured in the New York Times. The study examined how aging’s effects could be altered or …
  • https://youtube.com/devicesupport April 17, 2015
  • Make Spring Cleaning a Workout April 17, 2015
    Chores you do around the house and garden can burn calories and stretch and tone muscles if done correctly. Short episodes of mild exercise can improve your fitness level if done with intensity and speed. Adding 30 minutes of chores …
  • Provisioning for the Opt Out Journey April 17, 2015
    Ophthalmologist David Richardson, MD on how to prepare for opting out of Medicare. From AAPS 70th Annual Meeting, September 2013, Denver, Colorado.
  • What America’s Decline in Economic Freedom Means for Entrepreneurship and Prosperity April 16, 2015
    The United States was once considered the land of opportunity where entrepreneurs such as Henry Ford, Ray Kroc and Steve Jobs contributed to a flourishing economy by providing new products and services at prices people were happy to pay.Today America’s …

McCarran Ferguson Act of 1945 Stands in the Way of Obamacare

The McCarran Ferguson Act of 1945 Stands in the Way of Obamacare

By Ralph F. Weber

In 1944 the Supreme Court ruled that insurance was an item of commerce, and could be regulated by the federal government under the commerce clause. This ruling overturned a previous ruling by the Supreme Court in 1869 in the case of Paul VS. Virginia, (1) which held that “issuing a policy of insurance is not a transaction of commerce,” effectively moving the business of insurance beyond the United States Congress’s legislative reach.

That Supreme Court ruling in 1944 came from the case of the United States VS. South-Eastern Underwriters Association (2) which also held that the Sherman Act, the federal antitrust statue, applied to insurance.

The states protested the ruling and in 1945 Congress passed the McCarran Ferguson Act (3) which gave the states the authority to regulate insurance (4). A result of McCarran Ferguson was that each state was able to create its own mandates dictating what medical procedures must be covered by policies issued in each state. More importantly, McCarran Ferguson is also the act which makes it impossible for the department of Health and Human Services to establish insurance exchanges in the states, as is required in order to implement PPACA.

The department of Health and Human Services is promising grants to the states in order to set up “state run health exchanges”. In reality HHS needs the states to set them up, or grant permission to the HHS, because the federal government lacks the capability and the legal authority to set up healthcare exchanges which comply with the mandates of 50 different states as dictated by McCarran Ferguson.

Steve Larsen, deputy administrator and director of the Center for Consumer Information and Insurance Oversight, Centers for Medicare & Medicaid Services, U.S. Department of Health and Human Services, admits that: “The Affordable Care Act simply requires legal authority under state law to implement the exchange. That could be existing law, legislative action, or executive order. (5)” He likely understands that McCarran Ferguson stands in the way of implementation of the exchanges.

This week, Congress will consider legislation, the Medicare Decisions Accountability Act (HR 452), which repeals the ACA’s Independent Payment Advisory Board (IPAB), and with it the McCarran Ferguson act of 1945. Although the IPAB is an extremely troubling part of the ACA, as it acts as the rationing entity for healthcare, repealing it along with McCarran Ferguson will remove one of the largest roadblocks in implementation of the ACA. Furthermore, it will give politicians the opportunity to tell their constituents that they voted against one of the least desirable parts of Obamacare.



At MediBid, we restore market forces to medical care. Doctors get to set their own rates based on their training, experience, and outcomes, and patients get to shop for medical care across state lines and international borders. Many times with MediBid, you will find procedures that are more effective than procedures allowed, or covered by health plans. Transparency and competition are the only way to achieve reasonable costs. Many of our employer clients offering group health insurance through MediBid save $5,000 per employee per year. Those are substantial savings. Patients are saving an average of 48% vs. insurance discounted rates, or 80% vs. retail. Contact us for more information.
Share

Comments

This entry was posted in Health Care Reform, Health Care Repeal, Health Law and Legislation, Healthcare Exhange, Obamacare, obamacare exchange, Uncategorized and tagged , , . Bookmark the permalink.
More Affordable Insurance AlternativeCategories
Bulk Email Sender