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Amen to that, Insurehound. In a nutshell, you summed up this entire sordid process perfectly!
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I think it's obvious - the Fed Gov't doesn't give a rat's ass about insurance brokers.
That is about the most intelligent thing you've said in awhile.
You are projecting your desires onto reality and getting confused.
Commissions are not a medical expense. Even a kid in kindergarten could tell you that. To try and claim they are opened the door to all kinds of problems if the law stands. NAIC was right to cave and not try to claim that commissions are a medical expense. What NAIC should have done and hopefully will try to do later, is claim that commissions are a benefit to the consumer and try to exclude them from MLR. The proper argument is that commissions compensate brokers for helping consumers navigate the complex medical insurance world, and are necessary to help consumers get the advice they need to make an informed decision. Therefore, any premium dollars allocated to broker compensation should be excluded from MLR and not be counted towards administrative or medical expenses.
Not to make this sound too simple but at the end of the day the carriers need one thing; new business. They can play any card they want but if it doesn't result in enough new business we'll see some changes being made.