Alternatives to Price Controls For Health Insurance
Some members of the healthcare community believe that the regulatory structure in the new health act confers an expost quasi- price control authority to the HHS insurance office. However it should be noted that although Congress addressed federal premium review it also granted considerable discretion to HHS to move towards a joint federal -state partnership (with an emphasis on state) for the review of premiums because of the historical presence of state regulation which is strengthened by an agressive federal grant program to state regulators. Executive Order 12886 requires HHS to make a finding of compelling need prior to moving toward the federal price control scenario.
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