This blog is written by Mr. Steven C. Schurr, Esq. and focuses on health care law matters that pertain to food and drug law, regulatory compliance, privacy rights, insurance coverage, state and federal disability coverage, patient advocacy issues, and mental health coverage and treatment.

Friday, October 26, 2012

Contents of Obamacare - Part 5 - Congress and Immigrants

The Federal Government may offer ONLY health care plans governed by Obamacare to the members of the US House of Representatives, the members of the US Senate, and their staff. ( I always thought such a provision, more than any other, would guarantee high quality health care plans in the system.) Can Illegal Immigrants enroll in an Obamacare plan? No, such plans are available only for lawful residents, i.e., citizens or lawful immigrants. Can prisoners enroll in an Obamacare plan? No. Does the False Claims Act apply to activities under Obamacare? Yes, this is the law that makes it a crime and imposes civil and criminal penalties for those who make false statements to the federal government or submit false claims. States May Opt Out of the Health Insurance Exchanges. If they do, the Federal government will establish the exchanges for them. Non-Profit Health Insurers. The law offers grants to encourage the formation of non-profit health insurers within the states and puts restrictions on what type of entities may operate as such. Multiple State Insurance Plans. States may agree to operate multistate plans. The law of the state where the plan is written shall control. Nationwide Insurance Plans. Nationwide plans are permitted under the law of the state when the plan was written. NEXT: THE HIGHLY CONTESTED INDIVIDUAL MANDATE MINIMAL ESSENTIAL COVERAGE (AS UPHELD BY THE UNITED STATES SUPREME COURT).

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