Guilford's Scanlon "Affordable Care Act" Bill Flies Through House

GUILFORD, CT - Championed by Guilford State Rep. Sean Scanlon, a bill that protects more than half-a-million Connecticut residents with pre-existing conditions if the federal Affordable Care Act is repealed, passed the House of Representatives by a 146-0 vote Wednesday.

Scanlon, who is co-Chair of the Insurance Committee, said that they want to make it clear to the residents of Connecticut that “we will protect our constituents regardless of what happens in Washington.”

Scanlon said that one in four people, or 522,000 non-elderly adults, have pre-existing conditions in the state of Connecticut, according to the Kaiser Family Foundation.

“Nobody should be discriminated against because they have cancer or they have heart disease,” Scanlon said.

There is a lingering possibility that the federal Affordable Care Act will be repealed or a federal court could strike it down.

Scanlon said the legislation expands former Insurance Commissioner Katharine Wade’s August 2018 bulletins, which said that “any short-term limited-duration plan to offer the ACA’s essential health benefits for policies sold in the individual market,” and “any renewable short-term limited-duration health plan and any short-term limited-duration health plan longer than six months cannot exclude pre-existing conditions.”

The legislation expands pre-existing condition coverage to plans shorter than six months.

A Connecticut law protecting pre-existing conditions for insurance policies that are longer than six months was on the books before the Affordable Care Act was signed into law in 2010.

Connecticut’s health insurance law already states that “no individual health insurance plan or insurance arrangement shall impose a pre-existing conditions provision on any individual.”

But that pre-existing coverage protection only applies to fully insured plans in the state.

In Connecticut there are 2.21 million privately insured residents. Of those, about 1.85 million get their insurance from large group plans, 131,000 have individual plans, and 235,000 people are covered under small group plans. The Insurance Department doesn’t regulate the plans of 1.85 million people in the large group market, where the terms of employee benefits are set by employers.

So of those 2.21 million privately insured residents, the 366,000 with individual plans or who are covered under small group plans are protected from losing coverage for pre-existing conditions if the ACA repealed or struck down by a court. Those with employer-provided insurance coverage are not.

The bill the House passed Wednesday also doesn’t require documentation by a medical professional to prove someone has a pre-existing condition. Scanlon said that’s currently part of the ACA that they are looking to make state law.

Current law limits the provision to pre-existing conditions for which medical advice, diagnosis, care, or treatment was recommended or received.

The bill does not have a fiscal impact on the state or municipalities because it’s already current law.