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Regulation of Private Health Insurance Under The Patient Protection and Affordable Care Act

BY Chris Petersen
April 29, 2010

With the enactment of the Patient Protection and Affordable Care Act on March 23, 2010 (the “Act”), Pub. L. No. 111-148 (hereinafter cited as the “PPACA”), President Obama and the Congress have ushered in what will be, barring major amendment or repeal, a new era for the regulation of private health insurance coverage in the U.S.

A few states, most notably Massachusetts, have adopted insurance reforms that are either similar to the reforms embodied by the Act or mirror portions of them. Yet the U.S. market as a whole has never seen regulatory changes as sweeping as those effected by the Act.

In this article, we summarize the major aspects of the Act regulating private health insurance coverage. The first section of the article focuses on provisions of the Act regulating the manner in which health insurers are required to do business. The second section reviews aspects of the Act that are designed to increase access to coverage, including mandates requiring insurers to include certain types of coverage in all major medical plans. Finally, the article briefly examines the outlook for implementation of the Act.

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