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State Regulation of Health Insurance

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Three key pieces of federal legislation set forth national standards that the individual states use to regulate health insurance. First, the Employee Retirement Income Security Act (ERISA) of 1974 provides a framework for states to regulate health insurers. Second, the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985 ensures that employees who resigned, were laid off, were terminated, or lost their jobs due to family‐related reasons, can retain their health insurance coverage for up to 18 months and, in some cases, up to a maximum of 36 months if they are deemed qualified and pay the full premiums. A third piece of legislation, the Health Insurance Portability and Accountability Act (HIPAA) of 1996, imposed restrictions on limitations and exclusions of insurance coverage for those with preexisting conditions and restricted other attempts to exclude employees from insurance coverage. It also provides protection of insurance coverage as employees change employers, and it provides tax exclusions for medical savings accounts.

Kelly Vana's Nursing Leadership and Management

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