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Ocelot II

(115,674 posts)
2. Can't do it per the ACA, except for smoking, and then only if the employer offers
Tue Aug 31, 2021, 02:03 AM
Aug 2021

smoking cessation assistance.

 

Hugh_Lebowski

(33,643 posts)
3. 'They' did not do that. The ACA allows for it ...
Tue Aug 31, 2021, 02:05 AM
Aug 2021

ACA doesn't allow insurers to up and decide different premiums because of pre-existing conditions, except as allowed for in the law.

So no, they haven't.

Guessing it would require an Act of Congress.

totodeinhere

(13,058 posts)
4. Is not being vaccinated a pre-existing condition?
Tue Aug 31, 2021, 02:15 AM
Aug 2021

Myself I do not think that not being vaccinated qualifies as a pre-existing condition. Insurance companies should definitely charge a surcharge to anyone stupid enough to refuse getting vaccinated. (Unless they are not eligible for the vaccine for some reason.)

Ms. Toad

(34,062 posts)
5. The language isn't pre-exisiting condition.
Tue Aug 31, 2021, 02:56 AM
Aug 2021

It is insurance companies many not charge different premiums except for these 5 things:

smoking, age, geographic location, family v. individual, and level of coverage.

totodeinhere

(13,058 posts)
6. I was responding to post #3. That poster used the term "pre-existing conditions"
Tue Aug 31, 2021, 11:46 AM
Aug 2021

and the use of that term was what I had an issue with. The use of that term was not mine.

ProfessorGAC

(64,995 posts)
7. Tricky Legal Point
Tue Aug 31, 2021, 12:28 PM
Aug 2021

Everybody had that preexisting condition. Those of us vaxxed have mitigated that to a considerable degree.
Legal experts are saying that if that is a preexisting condition, then it applies to everybody. It appears that getting vaxxed doesn't change that we once had the same condition.
I wonder if they could raise everybody's premium, then offer a discount if one is vaxxed.
There's probably a bending the law issue there, though.

Ms. Toad

(34,062 posts)
8. Pre-existing condition is just shorthand for the very few exceptions permitted
Tue Aug 31, 2021, 01:44 PM
Aug 2021

for charging a higher premium.

The issue isn't whether it is a pre-existing condition or not, it is whather vaccination status falls within the 5 permitted reasons for charging more. It does not. That's not a tricky legal point at all. The law is very specific as to the excptions that can triggger a higher premium. Vaccination status is not one of them.

Ms. Toad

(34,062 posts)
12. You are suggesting raising a premium based on something that is not one of the 5 permitted
Tue Aug 31, 2021, 02:06 PM
Aug 2021

reasons for raising premiums. Not a fine legal point, at all. Is it one of the 5 exceptions? (No). Since it isn't, you can't raise premiums and then lower them.

Ms. Toad

(34,062 posts)
9. You were using that term, and suggested that based on that term
Tue Aug 31, 2021, 01:46 PM
Aug 2021

insurance companies should charge more.

My point is that they can't, since pre-existing conditions is not the language used in the law. Exceptions for disparate charges are expressly listed - and vaccination status is not one of them. It doesn't matter whether it is a pre-existing condition or not. If it ain't one of the 5 permitted exceptions, you can't charge more for it.

totodeinhere

(13,058 posts)
10. As I said, I only used the term because that poster that I responded to used it. And
Tue Aug 31, 2021, 02:01 PM
Aug 2021

in my reply to you I said I objected to the use of the term, so in effect I agree with you and I have no argument with you at all. But having said that, I wish the law could be changed. I would love to see people who are stupid enough to refuse getting vaccinated being charged extra as a penalty for their stupidity. (Except for people who are ineligible to get vaccinated.)

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