As the NNU has said in its statement on the bill, the loopholes include:
- Provisions permitting insurers and companies to
more than double charges to employees who fail “wellness” programs
because they have diabetes, high blood pressure, high cholesterol
readings, or other medical conditions. - Permitting insurers to sell policies “across state lines”,
exempting patient protections passed in other states. Insurers will
thus set up in the least regulated states in a race to the bottom
threatening public protections won by consumers in various states. - Allowing insurers to charge four times more based on age
plus more for certain conditions, and continue to use marketing
techniques to cherry-pick healthier, less costly enrollees. - Insurers may continue to rescind policies for
“fraud or intentional misrepresentation” – the main pretext insurance
companies now use to cancel coverage.