President Obama and other members of the Democrat party have been repeating ad nauseum since 2008 that “health insurance companies can raise your premiums when you get sick” and “health insurance companies can cancel your coverage when you get sick”. The truth is that Public Law 104-191 (HIPAA) has prohibited such actions by any insurer for more than 17 years, long before Obamacare was ever written. To add insult to injury, the president told the following LIES during a joint session of congress. Watch what he said below:
Then there was the LIE the president told about his own mother. In 2008 and again in the film created for Barack Obama entitled “The Road We’ve Traveled” narrated by Tom Hanks. Watch him tell this lie in the video below:
In the book “A Singular Woman: The Untold Story of Barack Obama’s mother” by journalist Janny Scott. Scott reviewed letters from the president’s mother – Anne Dunham – to CIGNA (the insurance company), and revealed the dispute was over disability coverage, not health insurance coverage. Disability coverage helps replace lost wages due to an illness. This story had absolutely nothing to do with her health insurer refusing to pay her medical bills. In fact, she had excellent health insurance, the hospital billed her health insurer directly and her health insurer paid her medical bills, less her deductible and applicable co pays.
Worse yet, the president described his mother as an indigent woman who was ‘pretty much drained of her resources.’ The truth is Anne Dunham received a base pay in 1995 of $82,500, plus a housing allowance and a car, to work in Indonesia for Development Alternatives Inc. of Bethesda. Today, adjusting for inflation, that salary would be equivalent to $123,500. This is far from indigent. Today, the Washington Post rightfully gives this story ‘Three Pinocchios”
What about the woman who the president said had her cancer treatment denied because of acne? Well, as you may have guessed by now, that too is a lie. According to ABC News, “President Obama’s description that Beaton’s ‘insurance company canceled her policy because she forgot to declare a case of acne’ is not accurate.
As Robin Lynn Beaton’s congressman, Rep. Joe Barton, R-Texas, testified, the Blue Cross/Blue Shield letter “informed Ms. Beaton that an investigation into her claims for benefits resulted in the company reviewing her medical records in which they discovered that she has misinformed them on several pieces of information. One of them was that she did not list her weight accurately, and the other, that she had failed to disclose some medication she had taken for a preexisting heart condition.”
Blue Cross discovered the previous condition after her visit to the dermatologist for acne but her insurance was not canceled because she didn’t declare a case of acne.”
By now, you may be asking. ‘Who are you to call the president of the United States a liar?’ Let me answer that. I have been a multi-state licensed health and life insurance broker for nearly 20 years now. I have also served as a health insurance Subject Matter Expert for multiple business journals and television programs around our great country.
One of the biggest challenges I’ve had to deal with throughout the years has been trying to secure coverage for people with preexisting conditions who obtain their health insurance on the individual market. They represent 10% of the American insured.
I’ve never had to worry about preexisting conditions with the other 90% of American insured who get their health insurance through an Employer Sponsored Group plan. Why? Because the same Public Law 104-191 “HIPAA” has protected them against being denied health insurance because of preexisting conditions for more than 17 years.
Because government legislators did not apply this law to individual health insurance policies, you can be labeled as “uninsurable” when you apply for an individual health insurance policy if you have one or more preexisting conditions. That being said, who should we truly blame for the fact that you can be denied coverage for a preexisting condition? Is it the insurance company’s fault? Or are they simply following a law that was written by government law makers who did not include HIPAA portability protection for the millions of Americans who purchase health insurance on their own in the individual market?
Because there are no HIPAA portability protections for individual policy holders, this uninsurable status can last for many years and sometimes for life depending on the specific preexisting condition you have been diagnosed with. Some of the preexisting medical conditions that render an applicant uninsurable on an individual policy are: Heart Attack, Stroke, Diabetes, Cancer, Lupus, Multiple Sclerosis, Muscular Dystrophy, Degenerative Arthritis and a host of other preexisting conditions. In addition, there are applicants who have a combination of controlled preexisting conditions but since they have more than three “ratable conditions” they are also labeled uninsurable.
Does this mean then that there was some truth in the stories the president told about preexisting conditions? No, he is still a liar. In fact, during the last 2 decades of my career as a health insurance broker I have never been unable to offer someone health insurance coverage, regardless of the severity of their preexisting conditions. In fact, I once secured legitimate major medical health insurance for a woman who was dying of cancer in the hospital. How did I do it? Simple, I am an informed American. I know the laws that were already in place to protect consumers. I also know that HIPAA law also required that ALL states have a functioning state based risk mitigation system in place to ensure those in the Individual marketplace also had guaranteed coverage for preexisting conditions. Again, long before the president’s health care ‘reform’ law was passed in 2010.
35 states had High Risk Health Insurance Pools in place long before the ACA became law. CLICK HERE to see if your state did. In our home state of Illinois the risk pool is called the Illinois Comprehensive Health Insurance Plan (ICHIP). ICHIP is a state health benefits program and not an insurance company. Persons must qualify for coverage, but in most cases if the applicant is coming off an exhausted qualified COBRA continuation plan from a prior employer sponsored group, their preexisting conditions will be covered from day one (provided again that those conditions are a covered expense on the ICHIP policy). ICHIP (and all insurance risk pools) are by no means entitlement programs. They do indeed require you to pay a monthly premium. Nothing in this life is free. To find out if your State has a state sponsored High Risk Health Insurance Pool visit http://www.naschip.org/states_pools.htm
10 States had an “Individual Market Guaranteed Issue Mandate“. In those states you were guaranteed Health Insurance coverage for preexisting conditions from a variety of Health Insurance carriers that operate within that state. For example, in the state of Ohio, there were 20 Health Insurance carriers that were required to “Guarantee Issue” 4% of their block of business to people with preexisting conditions during an annual ‘Open Enrollment’ period. During this annual period, each health insurance carrier had to report to the Ohio Department of Insurance as to whether or not they “met their 4% Guaranteed Issue quota”. Once they have met their 4% quota, any future applicants with preexisting conditions were then referred to one of the other health insurers operating in Ohio who had not met their 4% quota and the applicants were then guaranteed coverage from that carrier. Did you know that Ohio never maxed out the 4% quota for all carriers? Never, and everyone had access to coverage for preexisting conditions in Ohio. See page 10 of the Ohio “Guide to Health Insurance”
Read more about HIPAA protections by downloading “Protecting Your Health Insurance Coverage” from CMS – Centers For Medicare & Medicaid Services.
2014 update That concept was such a good idea that in June of 2011 HHS – the Health & Human Services department – finalized new rules regarding preexisting conditions adopting this concept for years 2014 and beyond. Beginning in 2014 there will be two national “Open Enrollment” periods for all Americans to obtain guaranteed issue coverage regardless of preexisting conditions. Those two periods are from January 1st of 2014 to March 31st of 2014 and from November 15th – January 15th 2015. Outside of those two “Open Enrollment” periods you will not be able to obtain coverage for preexisting conditions on an individual or family policy unless you qualify for ‘Special Enrollment” period.
In case you missed that information, let me reiterate. 45 States in our Union provide guaranteed insurability to individual health insurance applicants, regardless of preexisting conditions for decades before the ‘Patient Protection and Affordable Care Act’, a.k.a. “Obamacare”. This is not what we were told by president Obama.
Back in 2010 I spoke the TRUTH about preexisting conditions at the 2010 Chicago Tax Day Tea Party rally:
Please Note: The vast majority of health insurance carriers that underwrite Individual Health Insurance plans DID INDEED provide coverage for many preexisting medical conditions (such as Hypertension, Hyperlipidimia, Gastric Reflux, Asthma, etc.) and have done so for many years. Providing of course that these conditions are well controlled by diet or medication AND you duly disclose these preexisting conditions on your health insurance application. This is important to know now because the president’s temporary PCIP – ‘Preexisting Condition Insurance Plan’ already ran out of money and has ceased further enrollment as of March 5, 2013.
My friend Bill Elliot’s battle with cancer, Obamacare and our mutual victory over the IRS.
On Thursday November 7, 2013 my new friend Bill Elliot appeared on “The Kelly File” with Megyn Kelly on the Fox News channel. I say “new friend” because immediately after I watched his heart breaking interview I ‘friended’ Bill on Facebook. I wanted him to know that even though his insurer was being forced to terminate his health insurance policy due to regulations posted by HHS and referred to in the Federal Register in June 2010 – three months after the PPACA – Patient Protection & Affordable Care Act (Obamacare) was signed into law – such a posting in the Federal Register that has not been passed by Congress does not trump an existing Federal law. I will explain what law I am referring to in a moment but first please watch Bill’s testimony:
The following day Bill was interviewed by radio host Rocky D on AM1340 WQSC in South Carolina. In that interview Bill goes into detail about the type of illness he suffers from and how hopeless he felt after the president’s Obamacare took away his health insurance policy in the middle of his fourth battle with Cancer. Click the MP3 logo below to hear the replay:
This is the worst time to cancel someone’s coverage. And, that is precisely why Public Law 104-191 was written and passed by Congress in 1997. It was written to protect Americans from such a situation. I am writing this article not just to help Bill but to help all Americans who are suffering from an ongoing preexisting condition. If you are one of the 5 million Americans who have already received a policy termination letter or one of the 14 million Americans who will soon receive a letter, you need to print out Public Law 104-191 and highlight section 2742 and then contact an attorney. Or, if you have access to your governor – as Bill does – (his governor is the awesome Nikki Haley) contact your governor or state Attorney General’s office because your health insurer is violating a Federal law based on a posting in the Federal register that was not passed by Congress and as such does not trump an existing Federal law.
Since Bill did nothing wrong, no fraud was committed, his health insurer is not leaving the state and they charged him more based on a preexisting condition, they are in violation of Public Law 104-191 section 2742. As such, they have no legal right to terminate his coverage, regardless of a posting in the Federal register. The protections provided to individual policy holders under HIPAA law are reiterated via HHS, CMS and HCFA regulations outlined on page 22 of the “Protecting Your Health Insurance Coverage” booklet available for download at the CMS.gov site here.
Want to know the best part? I just heard from Bill and after contacting Governor Nikki Haley and his insurance company and reading to them section 2742 of Public Law 104-191 his insurer has decided to keep his policy in force because he has a chronic illness. Bill just told me the following: “Steve, the company decided to keep me active. Since it is a chronic illness. Until this illness kills me. Battle #1 is won. Now the hard part. You literally saved me. Thank you so much.” Those are the greatest words I have ever heard in my 20 year career as a licensed health insurance broker. I could not be a happier man today!
UPDATE #1) On November 15, 2013 Bill Elliot joined Sara Marie Brenner who covered this story in the Washington Times on November 14, 2013 to discuss how he was able to use HIPAA – Public Law 104-191 – section 2742 to require his insurer to reinstate his cancelled policy without increasing his premium or his deductible. Click the MP3 icon below to listen to the replay:
UPDATE #2) On November 13, 2013 Rocky D had me on his show on AM1340 WQSC for a follow up to explain how Bill was able to keep his policy. Click the MP3 logo below to listen to the replay:
UPDATE #3) On November 15, 2013 I joined the Chicks On The Right on 93.1 FM WIBC to discuss the latest Obamacare disaster created by the president and Bill Elliot’s policy reinstatement. Click the MP3 logo below to hear the replay:
UPDATE #4) Bill Elliot return to Washington Times reporter Sara Marie Brenner’s radio show to discuss the good news that his doctor has informed him he is now in full remission and the bad news that he is now being audited by the IRS. Fast forward to the 22:00 mark on the Sound Cloud file. 11/27/13
UPDATE #5) On November 27, 2013 Bill joined Rocky D again on South Carolina’s AM1340 WQSC. The good news? Bill is now in full remission thanks in large part to the life saving treatment he was able to continue receiving because his illegally cancelled policy was restored. The bad news? He is now being audited by the IRS and they are now coming after ME all the way back to 2003.
Update #6) On December 11, 2013 Bill Elliot joined Sara Marie Brenner again on her radio show to reveal breaking news that the IRS actions taken against him are now resolved thanks to his Congressman and a Democrat Senator. Most importantly he reveals that his Congressman informed him that the IRS action taken against him and myself were ordered “from the top”. Listen:
Update # 7) Thanks to the fine folks at the Emmy award winning television program “Facing Life Head-On” who took an interest in our story, I had the pleasure of finally meeting Bill Elliot in person today.
Below is the TRUE story of Bill Elliott, Yours Truly, Obamacare and our mutual victory over the Internal Revenue Service. Much thanks to host Brad Mattes for knowing the right questions to ask and the fantastic producers at the award winning Facing Life Head-On television series for telling our story the right way.
Update #8) It is with a grateful heart that I send my sincerest THANK YOU to U.S. Senator Mark Kirk and his staff for resolving the actions taken against me by the IRS. I also wish to thank Denise Cattoni and all of my fellow Illinois Tea Party patriots who made Senator Kirk aware of the IRS actions taken against me. I am so happy that my friend Bill Elliott and I can both now say that our ordeal with the IRS is OVER. I am eternally grateful to all who took an interest in our story and who gave us emotional support. To my attorney William J. Sneckenberg I also send my sincerest thank you for his competent and professional advice.
Update #9) At the 6th annual Chicago Illinois tax day tea party rally I told this story from start to finish:
And again at the 5th anniversary of the Tea Party in Washington D.C.
I am eternally grateful to the following bloggers and reporters who comprise the ‘New Media’ for linking to this story and performing the job that Barack Obama’s old Praetorian Guard media still refuses to do:
“BigFurHat” at IownTheWorld.com The trendsetter who started it all.
Daniel Greenfield of FrontPageMag.com
Arlen Williams of WeAreGulagBound.com who pushed the story out and detailed it’s movement via Storify.
Eric Sheiner at CNSNews
“Zip” of WeaselZippers.net
Fran Eaton at Illinois Review
Jim Hoft of GatewayPundit.com
“Dr John” of FloppingAces.net
Madeleine Morgenstern at The Blaze
John Hayward at Breitbart.com
Tom Tillison at BizPacReview.com
Thomas Lifson at AmericanThinker.com
Mark Steyn at NationalReview.com
Investors Business Daily
Dianny at AllTheRightSnark
Herman Cain on the Herman Cain radio show
Clark Barrow at CainTV
John Hawkins at RightWingNews.com
Sard at TheRightPlanet.com
Tammy Bruce radio show clip at TammyBruce.com
The Right Pundit at HapBlog.com
Judson Phillips at TeaPartyNation
Instapundit at PJMedia
Michael Becker at TheMinorityReport.com
Ulysses S. Arn at USofArn
Emily Hulsey at IJReview
IDeb at NiceDeb.com
Jeff Dunetz at TruthRevolt.org
Lily Dane at at TheDCClothesline
Janet at NewsDeskInternational
Steve Straub at TheFederalistPapers
Austin Petersen at TheLibertarianRepublic
Debra Heine at TheSteadyDrip
Khier Casino at OpposingViews
Lily Dane at TheDailySheeple
Deanna Fisher at VictoryGirlsBlog
Sara Noble at IndependentSentinel
Phineas at SisterToldjah
Joe Newby at Examiner.com
If I missed you contact me and I will list you. Thank you all!