Introduction to Health Insurance Policies: Module 1 of 5

LawShelf
30 Jun 202115:46

Summary

TLDRThis video introduces the basics of health insurance, covering essential terms like deductibles, co-payments, and coinsurance. It explains how health insurance policies work, including coverage options like HMOs, PPOs, EPOs, and high-deductible plans. The video also discusses how health insurance contracts are formed, the importance of enrollment periods, qualifying life events, and policy renewal or cancellation. It highlights key legal aspects of insurance policies, including contract modifications, the application of state laws, and the potential for policy disputes and court interventions.

Takeaways

  • 💡 Health insurance helps cover medical expenses for illnesses, accidents, and preventive care like routine tests and checkups.
  • 📝 Key components of health insurance policies include deductibles, co-payments, and coinsurance, which determine the out-of-pocket costs for the policyholder.
  • 🏥 Health insurance plans vary, such as HMOs, PPOs, EPOs, and high-deductible plans, each with different network rules, costs, and flexibility.
  • 🔄 An insurance contract is formed between the insured and insurer to cover medical costs, with terms like premium rates, policy duration, and the nature of coverage clearly defined.
  • 📅 Open enrollment periods, typically starting November 1st, are the main times to sign up or change health insurance unless there's a qualifying life event.
  • ⚖️ Health insurance contracts can include governing law clauses that specify which state’s laws apply in case of disputes.
  • 🔍 Court rulings may interpret policy terms, such as coverage limits for mental illness, based on contract law and public policy considerations.
  • 🔄 Insurance policies can be renewed or canceled under state laws, and renewal often creates a new contract, subject to current regulations.
  • ⚠️ Insurers generally cannot cancel policies arbitrarily, and wrongful cancellations can lead to legal consequences, including punitive damages.
  • 🔄 Policyholders can change or modify their insurance plans during open enrollment or after qualifying life events like marriage, childbirth, or job changes.

Q & A

  • What is the primary purpose of health insurance?

    -Health insurance helps lessen the costs of medical expenses, including those related to illness, accidents, and preventive care like routine checkups and screening tests.

  • What is a deductible in a health insurance policy?

    -A deductible is the amount a policyholder must pay out-of-pocket before the insurance plan starts covering healthcare services.

  • How do co-payments and coinsurance differ in health insurance?

    -A co-payment is a fixed amount paid by the insured for covered healthcare services after the deductible is met, while coinsurance is a percentage of the cost of a service that the insured pays after meeting the deductible.

  • What are the key differences between HMO and PPO plans?

    -HMOs typically have lower premiums, require a designated primary care physician, and often need referrals for specialists, whereas PPOs offer more flexibility with a larger network and typically don't require referrals, but tend to have higher premiums and out-of-pocket costs.

  • What is an EPO plan and how does it compare to an HMO?

    -An EPO (Exclusive Provider Organization) plan offers a network of doctors and hospitals that the insured must use, except for emergencies. Unlike HMOs, EPOs usually don't require referrals to see specialists, offering more flexibility.

  • What is a high deductible health plan, and how is it typically used?

    -A high deductible health plan (HDHP) has lower monthly premiums but requires the policyholder to pay higher out-of-pocket costs before the insurer starts covering services. It is often paired with a Health Savings Account (HSA) for pre-tax healthcare spending.

  • How can an individual obtain health insurance in the U.S.?

    -Health insurance can be obtained through a group health plan (e.g., from an employer), privately purchased plans, or through the federal Health Insurance Marketplace.

  • What is the significance of the Affordable Care Act (ACA) in health insurance?

    -The ACA aims to expand access to health insurance, reduce costs, and limit fraud by providing a marketplace for insurance plans, along with guidelines for open enrollment periods and coverage.

  • What is the role of open enrollment in health insurance?

    -Open enrollment is the designated period during which individuals can sign up for health insurance or make changes to their existing plans. Outside of this period, changes can only be made following a qualifying life event.

  • What are qualifying life events, and how do they affect health insurance coverage?

    -Qualifying life events, such as marriage, divorce, having a child, or losing previous coverage, allow individuals to change or update their health insurance plans outside of the open enrollment period.

Outlines

00:00

🏥 Health Insurance Overview and Key Terms

The first paragraph introduces the basics of health insurance, emphasizing its role in reducing medical expenses for both preventative and illness-related treatments. It explains core concepts like deductibles, co-payments, and coinsurance. Deductibles are amounts policyholders must pay before the insurance kicks in, after which co-payments or coinsurance come into play. Plans with lower premiums tend to have higher deductibles, while those with higher premiums may offer lower or no deductibles. Examples are provided to illustrate how co-payments and coinsurance work in practice.

05:00

📜 Health Plans and Coverage Types

This section provides an in-depth look at various health plan types available in the U.S. It covers HMOs (Health Maintenance Organizations), PPOs (Preferred Provider Organizations), EPOs (Exclusive Provider Organizations), and high-deductible health plans. Each plan's characteristics, such as network size, costs, and referral requirements, are detailed. HMO members have lower premiums but stricter doctor and specialist access. PPOs offer larger networks and flexibility but are more expensive. EPOs combine network restrictions with some flexibility, while high-deductible plans offer lower premiums but higher out-of-pocket costs.

10:01

📜 Health Insurance Contracts and Acquisition

The third paragraph describes the formation of health insurance contracts. It explains how individuals can obtain coverage through employer-sponsored group health plans or by purchasing private insurance through the marketplace. The passage highlights the significance of the Patient Protection and Affordable Care Act (ACA) in expanding access to health insurance, outlining how individuals can sign up during open enrollment or after qualifying life events. Key contract terms, such as premiums, duration, and risks covered, are also described.

15:04

📅 Policy Terms, Renewal, and Governing Law

This section dives into the intricacies of health insurance policy terms and provisions. It explains that insurance policies often include 'choice of law' clauses that determine the jurisdiction for legal disputes. It discusses how courts interpret policy terms according to contract law and public policy. Examples are provided, including cases involving disputes over mental health coverage and the recognition of common-law marriages. This part emphasizes that policies must adhere to statutory regulations and that renewal of a policy often creates a new contract with updated legal standards.

⏳ Duration of Coverage and Modifications

The fifth paragraph details the duration of health insurance policies, which typically cover a benefit year from January 1st to December 31st. It also discusses temporary coverage (binders) and the conditions under which policy modifications can occur, such as qualifying life events (e.g., marriage or childbirth). The passage explains how courts handle disputes related to coverage start dates and under what conditions an applicant may lose eligibility for coverage.

📜 Court Reformation and Insurance Policy Changes

This paragraph covers extraordinary situations where courts may reform insurance policies to better reflect the parties' actual intent. Reformation is typically sought due to mutual mistakes in policy terms. The explanation provides insights into how courts are generally reluctant to allow retroactive reforms unless clear evidence supports a change. It also covers the four types of qualifying life events (e.g., marriage, divorce, or changes in residence) that can trigger changes in coverage.

♻️ Renewal and Cancellation of Health Insurance

This final section focuses on the renewal and cancellation processes for health insurance policies. It explains how each renewal creates a new contract, potentially incorporating changes in law. The discussion includes a Florida case where an insurance company violated state law by denying a claim after a policy was renewed. It also explains how policyholders can cancel coverage, such as when they acquire new coverage through a job or become eligible for Medicare. Finally, it discusses legal limitations on policy cancellation and potential court actions for wrongful cancellations.

🚫 Fraud and Wrongful Cancellation

The last paragraph discusses legal repercussions for fraudulent cancellation of health insurance policies. It provides a case study where a South Carolina court found an insurer guilty of fraud for misleading a policyholder about claim coverage. The passage concludes by introducing the scope of health insurance coverage and how courts may intervene in cases of policy exclusions or disputes.

Mindmap

Keywords

💡Health Insurance

Health insurance is a policy that helps cover medical expenses due to illness, accidents, or preventative care. It is central to the video's theme, emphasizing the role of insurance in reducing financial burden for healthcare. The video discusses how health insurance policies offer different coverage options, including deductibles and co-payments.

💡Deductible

A deductible is the amount a policyholder must pay out-of-pocket before the insurance company starts paying for covered services. The video explains that policies with lower premiums often have higher deductibles, and this is a key feature in understanding how different health insurance plans work.

💡Co-payment

Co-payment, or copay, refers to a fixed out-of-pocket amount paid by the insured for a healthcare service after the deductible is met. For example, in the video, a $20 copay is given as a typical charge for a doctor’s visit after a deductible is paid. It helps break down the costs associated with accessing healthcare.

💡Coinsurance

Coinsurance is the percentage of healthcare costs the insured pays after meeting the deductible. The video provides an example of 20% coinsurance for surgery costs, highlighting how the remaining balance after the deductible is split between the insured and the insurer. This is another key component in health insurance cost-sharing models.

💡HMO (Health Maintenance Organization)

An HMO is a health insurance plan offering a network of doctors and hospitals with typically lower premiums. The video emphasizes the need for members to select a primary care physician and obtain referrals for specialists. This concept demonstrates the trade-offs between lower costs and reduced flexibility.

💡PPO (Preferred Provider Organization)

A PPO plan provides greater flexibility in choosing doctors and hospitals compared to HMOs, but usually has higher premiums and out-of-pocket costs. The video contrasts this with HMO plans, noting that PPO members don't require referrals to see specialists and have the option for out-of-network care.

💡EPO (Exclusive Provider Organization)

An EPO plan combines elements of both HMOs and PPOs, offering in-network care only but without the need for referrals. The video discusses how EPOs limit coverage to within their network except in emergencies, providing a balance between cost and choice.

💡Affordable Care Act (ACA)

The ACA, passed in 2010, aimed to increase access to health insurance, reduce costs, and limit fraud. It plays a major role in the video's discussion on how individuals can acquire health insurance, particularly through the health insurance marketplace during open enrollment periods.

💡Qualifying Life Event

A qualifying life event triggers a special enrollment period allowing individuals to change or obtain health insurance outside of the open enrollment period. The video mentions examples like marriage, having a child, or losing job-based health coverage, highlighting how these events impact insurance coverage decisions.

💡Policy Renewal and Cancellation

Renewal refers to extending an insurance policy for another term, while cancellation involves ending the coverage. The video explains how state laws govern these processes and gives examples like transitioning to employer-provided insurance or Medicare, emphasizing the importance of timing when switching coverage.

Highlights

Health insurance helps lessen the costs of medical expenses for both illness and preventative care.

A deductible is the amount paid by the policyholder before insurance benefits are applied.

Co-payment is a fixed out-of-pocket amount for covered healthcare services after paying the deductible.

Coinsurance is the percentage of healthcare costs that a policyholder pays after the deductible is met.

HMOs typically require the use of a primary care physician and may need referrals for specialists.

PPOs offer larger networks of doctors and hospitals, and generally don't require referrals for specialists.

An EPO limits care to in-network providers but doesn't require referrals for specialist visits.

A high-deductible health plan offers lower premiums but higher out-of-pocket expenses.

The Patient Protection and Affordable Care Act was passed to reduce the number of uninsured Americans.

Health insurance can be acquired through employer plans or purchased individually through the marketplace.

Health insurance contracts are governed by state laws, with modern contracts often including choice-of-law clauses.

Courts typically interpret insurance policy terms according to standard contract law, unless ambiguous.

The renewal of an insurance policy often forms a new contract, incorporating any changes in law.

Insurance coverage can be changed after qualifying life events such as marriage or loss of coverage.

Insurers cannot arbitrarily cancel policies, and policyholders can contest wrongful cancellations in court.

Transcripts

play00:07

module 1 introduction to health

play00:10

insurance policies health insurance

play00:14

helps lessen the costs of medical

play00:15

expenses in the event of an illness or

play00:17

accident and for preventative medicine

play00:19

such as routine medical tests checkups

play00:22

and screening tests in our introductory

play00:24

module we will learn about the basics of

play00:27

health insurance including the formation

play00:28

of an insurance policy the validity of

play00:31

coverage the duration of health

play00:33

insurance coverage modification renewal

play00:36

and policy cancellation health insurance

play00:40

basics

play00:45

health insurance policies are full of

play00:47

terms such as deductibles co-payments

play00:50

and coinsurance let's look at what these

play00:52

terms mean other than for preventive

play00:55

services a policyholder must first pay a

play00:57

deductible before the insurance plan

play00:59

pays any benefits after she pays the

play01:02

deductible

play01:02

she'll pay a co-payment or coinsurance

play01:04

for covered services the insurer pays

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the rest generally plans with lower

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monthly premiums have higher deductibles

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a plan with a higher monthly premium may

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have a lower deductible or even no

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deductible a co-payment or copay is an

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out-of-pocket fixed amount paid for a

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covered healthcare service after paying

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the deductible for example a plan may

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have an allowable cost for a doctor's

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office visit of $100 the co-payment for

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a doctor visit may be $20 for each visit

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the insured pays $20 and the insurance

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company will pay the rest coinsurance

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featured by some health insurance plans

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is the percentage of costs of a covered

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healthcare service that is paid by the

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insured after the deductible let's take

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for example a person who had a surgery

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that costs $10,000 allowable under the

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plan with a $1,000 deductible and 20%

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coinsurance the policyholder would first

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pay a $1,000 deductible she would have

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to pay coinsurance of 20% of the

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remaining balance after the deductible

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or $1,800 she would have total

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out-of-pocket cost of $2,800 for the

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$10,000 surgery including a 1,000 dollar

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deductible and a $1,800 coinsurance many

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plans also have limits on coinsurance

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after reaching a certain level as with

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the deductible a plan with low monthly

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premiums generally has higher

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coinsurance types of health plans a

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variety of different health plans are

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available to the American consumer an

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HMO or health maintenance organization

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is a plan that offers a policyholder a

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local network of doctors and hospitals a

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member of an HMO will typically pay

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lower monthly premiums than under other

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plans

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HMOs typically require the insured to

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use a designated primary care physician

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and may require referrals for the use of

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specialists even within the HMOs Network

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a preferred provider organization plan

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known as a PPO is a health plan that

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offers a larger network with more

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doctors and hospitals policyholders

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usually need not designate primary care

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physicians and referrals are usually

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unnecessary to see specialists PPOs also

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may be more flexible and covering

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out-of-network services out-of-pocket

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costs such as premiums and co-pays are

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usually higher with a PPO than with an

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HMO or EPO plan an EPO or exclusive

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provider organization plan offers a

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local network of doctors and hospitals

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as a member of an EPO the policyholder

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can use doctors and hospitals within the

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network but cannot go outside of it for

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care except in case of emergency EPO s

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are more flexible than HMOs in that they

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usually do not require referrals to see

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specialists a high deductible health

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plan or catastrophic plan is a plan with

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a higher deductible than a traditional

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insurance plan the monthly premium is

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usually lower but the policyholder pays

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more health care costs herself before

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the insurer starts to pay its share this

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plan is often combined with usage of a

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health savings account which is a tax

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device that allows pre-tax dollars to be

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used to pay health care expenses forming

play04:23

an insurance contract

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a health insurance policy is a contract

play04:30

between the insured and a health insurer

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to cover medical expenses the health

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insurer promises to pay healthcare

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expenses on a specified contingency in

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exchange for premium payments by the

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person seeking insurance there are

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several methods of acquiring a health

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insurance policy first a person can

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acquire health insurance through a group

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health plan offered through an employer

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or spouse's employer the second option

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is to purchase an individual health

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insurance plan privately or through the

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federally managed health insurance

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marketplace the rising cost of health

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care have increased the need for

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individuals to have access to health

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insurance in 2010 Congress passed the

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Patient Protection and Affordable Care

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Act to reduce the number of uninsured

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Americans and to improve access to

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health care services the Affordable Care

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Act attempts to expand access for health

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insurance coverage reduce costs and

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limit fraud under the Affordable Care

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Act a person can sign up for health

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insurance on the exchange only during an

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annual open enrollment period unless the

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person has a qualifying life event such

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as marriage or having a child

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open enrollment normally begins November

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1st each year through the health

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insurance marketplace and when an

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employee buys health insurance through

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his employer the employer must inform

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him of the open enrollment period an

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employee can also change coverage after

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a qualifying life event a valid health

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insurance contract must include specific

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terms including the person or interest

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to be insured the premium rate the

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duration of the policy the nature of the

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risk and the amount of insurance

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occasionally an issue may arise in

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determining which state law governs an

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insurance contract under the traditional

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approach the law of the state where the

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parties formed the insurance policy

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governs this is typically the place

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where the policy was issued or the place

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where the policy was delivered to the

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insured today most insurance companies

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follow the modern trend of contract law

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include choice of law clauses in

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insurance contracts this Clause may have

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a heading such as governing law the

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Clause designates the jurisdiction that

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will govern any disputes that may arise

play06:38

between the parties for example since

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many health insurance

play06:41

companies are headquartered in

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Connecticut the policy may specify that

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Connecticut law governs should a dispute

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arise if the parties have provided for

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the application of a jurisdictions laws

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courts will usually honor such an

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agreement subject to public policy

play06:55

considerations policy terms and

play06:59

provisions

play07:04

the policyholder and the insurer are

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free to agree to terms of their choice

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so long as the provisions in terms

play07:11

aren't ambiguous a court will construe

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the terms of an insurance policy

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according to the general rules of

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contract law in one case a father

play07:19

brought an action against a group health

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insurer to cover medical bills for the

play07:23

treatment of his child for autism the

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insurer claimed that the policy's

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limitations on coverage for mental

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illness allowed it to limit coverage for

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the autism treatments however the court

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looking to the tenets of contract law

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applied the plain and ordinary meaning

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of the term mental illness to reach a

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decision it held that the insurance

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company did not have a reasonable basis

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upon which to limit treatment and found

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in favor of the insured moreover a court

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won't enforce a provision in an

play07:51

insurance contract that violates public

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policy or an applicable statute for

play07:56

example a federal appeals court held

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that under Alabama law a group health

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policy provision which provided coverage

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for the spouse of a participant who had

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entered into ceremonially solemn Knives

play08:06

marriage but which denied coverage for a

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common-law spouse was void and violated

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public policy the court concluded that

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contractual provisions denying

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common-law marriages the same status as

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ceremonially solemnized marriages were

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against public policy duration of

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coverage a health insurance policy must

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indicate the dates of coverage the

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benefit year for most plans begins

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January 1st and ends on December 31st

play08:35

sometimes though disputes arise over the

play08:38

effective date of the policy the

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effective date may be tied to making the

play08:42

first premium payment or signing the

play08:44

application depending on the

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circumstances for example an Oklahoma

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appeals court held that an applicant for

play08:50

an insurance policy who failed to sign

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the application and pay the premium

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relieved the insurer from having to pay

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for injuries sustained by the applicant

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an insurer may also provide temporary

play09:01

coverage typically between 30 and 90

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days through a binder prior to issuing a

play09:06

policy a binder is an insurers

play09:08

memorandum giving the insured temporary

play09:11

coverage while the application for an

play09:13

insurance policy is being processed or

play09:15

while the formal policy

play09:16

is being prepared changing or modifying

play09:21

policies privately insured people can

play09:27

change insurance at any time typically

play09:29

those covered by health insurance

play09:31

marketplace policies can only change

play09:33

plans during the open enrollment period

play09:35

but there are other opportunities to do

play09:37

so if there are qualifying life events

play09:39

or job related changes there are four

play09:42

types of qualifying life events loss of

play09:45

health coverage

play09:46

examples of these events include when a

play09:48

person turns 26 years old and loses

play09:50

coverage through a parent's plan or if a

play09:52

policyholder loses Medicare eligibility

play09:55

changes in household a policyholder may

play09:58

marry divorce or have a child thereby

play10:01

needing a change to a health insurance

play10:03

plan during the benefits here changes in

play10:05

residence and other qualifying events

play10:08

such as changes in income or becoming a

play10:10

US citizen a qualifying life event will

play10:13

trigger a special enrollment period that

play10:15

lasts 30 to 60 days during this time a

play10:18

policyholder can select a new plan or

play10:20

add a dependent to a plan court

play10:23

reformation of an insurance policy in

play10:27

extraordinary circumstances a court may

play10:29

reform an insurance policy Reformation

play10:32

is an equitable remedy whereby a court

play10:34

will modify a written agreement to

play10:36

reflect the party's actual intent the

play10:39

purpose of reformation of an insurance

play10:41

contract is to bring the written

play10:42

instrument into conformity with the

play10:44

intent of the contracting parties or to

play10:46

make the policy conform to a state

play10:48

statute still courts are reluctant to

play10:51

allow an insurer to unilaterally and

play10:53

retroactively Lee reform a policy to

play10:56

avoid coverage for an incident that

play10:57

would be covered under the policy at the

play10:59

time of the incident absent clear

play11:01

evidence that the insured had reached an

play11:03

express agreement with the insurer that

play11:05

was not accurately represented in the

play11:07

policy to achieve reformation of an

play11:10

insurance policy the party seeking

play11:12

Reformation must show that the policy

play11:14

does not contain provisions desired and

play11:16

intended to be included the most common

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grounds for Reformation is mutual

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mistake to show mutual mistake the party

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seeking Reformation must show that he

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made certain statements to the insurance

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agent concerning the covered desire but

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the policy issue did not provide the

play11:32

desired coverage usually inadvertently

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renewal and cancellation

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state laws govern renewal and

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cancellation of insurance policies the

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general rule is that each renewal of an

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insurance policy creates an entirely new

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and independent contract of insurance

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where renewal is disputed a court will

play11:56

consider the following factors in

play11:58

determining whether an existing policy

play12:00

is renewed the ongoing relationship

play12:02

between the parties the beginning date

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of a policy and whether there is a

play12:06

change in the coverage from the previous

play12:08

policy the renewal of an insurance

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contract constitutes the making of a new

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contract for the purpose of

play12:14

incorporating into the policy changes in

play12:16

law regulating insurance contracts that

play12:19

may have been promulgated in the interim

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in most states a contract of annually

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renewable insurance forms a new contract

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at each renewal so if the law has

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changed in the middle of the year the

play12:30

policy can finish out the year under the

play12:32

old law but when the policy renews it

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will have to be adjusted to comply with

play12:36

the new laws or regulations in a Florida

play12:39

case Bell Care nurse's registry versus

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continental casualty company a provider

play12:44

of home health care services brought an

play12:46

action for benefits under a home health

play12:48

care insurance policy the appellate

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court found that the insurance company

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had violated a florida law that was

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effective as of october 1st

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1992 in its denial of a claim though the

play12:59

policy had been issued before that the

play13:01

court held that the policy was renewed

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each time the policyholder paid the

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semiannual premium finally we'll move to

play13:08

cancellation of a health insurance

play13:10

policy a policy holder may want to

play13:12

cancel health insurance for a variety of

play13:14

reasons such as that she started a new

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job and is eligible for coverage through

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her new employer or because she's turned

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65 years old and is eligible for

play13:22

Medicare if a policyholder acquired

play13:25

health insurance through the marketplace

play13:27

she can cancel her account by logging

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into her marketplace account and

play13:31

terminating coverage there is typically

play13:33

a 14 day waiting period for canceling

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coverage if a policyholder acquired

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health insurance through an employer she

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should contact her company's human

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resources department and make sure that

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the cancellation date for her existing

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coverage is on or after the date when

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her new coverage is scheduled to take

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effect an insurer generally cannot

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arbitrarily cancel a person's policy

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state law dictates when an insurer can

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cancel a policy in Texas for example an

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insurer may cancel a liability insurance

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policy at any time during the term of

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the policy for a variety of specified

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reasons including fraud in obtaining

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coverage or failure to pay premiums when

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do the Texas Supreme Court considered a

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case involving health insurance coverage

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for a policyholder and his daughter

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after the medical insurer refused a

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claim for benefits related to the

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daughter's hospitalization the insurance

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company argued that after the daughter's

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marriage she ceased to be a dependent

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under the terms of the policy and so was

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not covered by the policy at the time of

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the hospitalization however the Texas

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Supreme Court held that the clause

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providing that the coverage for any

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dependent child terminates on the

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child's marriage does not become

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effective during the period for which

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the insurer had accepted premium

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payments if the insurer accepted premium

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payments for a period the earliest the

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insurer can terminate coverage of the

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child is the beginning of the next

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period a court may award punitive

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damages for an insurers fraudulent

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breach and wrongful cancellation of a

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health insurance policy in one case the

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South Carolina Supreme Court held that

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the evidence sustained of finding that

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an insurer wrongfully cancelled a health

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policy when it deliberately misled the

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insured into believing that one of its

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agents would come back and straighten

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out a claim and that in the meantime his

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policy would continue in force the court

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found that the insurer committed an act

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of fraud in breach of contract when the

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insurer wrongfully cancelled the policy

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in spite of its agents representations

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to the contrary in our second module on

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health insurance law will analyze the

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scope of health insurance coverage

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including policy exclusions and whether

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certain diseases or treatments are

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covered or excluded by a policy

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