C. Steven Tucker –
On Thursday November 7, 2013 my new friend Bill Elliot appeared on “The Kelly File” with Megyn Kelly on the Fox News channel. I say “new friend” because immediately after I watched his heart breaking interview I ‘friended’ Bill on Facebook. I wanted him to know that even though his insurer was being forced to terminate his health insurance policy due to regulations posted by HHS in the Federal Register in June 2010. Three months after the PPACA – Patient Protection & Affordable Care Act (Obamacare) was signed into law. Such a posting in the Federal Register that has not been passed by Congress does not trump an existing Federal law. I will explain what law I am referring to in a moment but first please watch Bill’s testimony:
The following day Bill was interviewed by radio host Rocky D on AM1340 WQSC in South Carolina. In this interview Bill goes into detail about the type of illness he suffers from and how hopeless he felt after the president’s Obamacare took away his health insurance policy in the middle of ongoing treatment for Stage 4 Cancer.
This is the worst time to cancel someone’s coverage. And, that is precisely whyPublic Law 104-191 was written and passed by Congress in 1997. It was written to protect Americans from such a situation. I am writing this article not just to help Bill but to help all Americans who are suffering from an ongoing preexisting condition. If you are one of the 5 million Americans who have already received a policy termination letter or one of the 14 million Americans who will soon receive a letter, you need to print out Public Law 104-191 and highlight section 2742and then contact an attorney. Or, if you have access to your governor – as Bill does – (his governor is the awesome Nikki Haley) contact your governor or state Attorney General’s office because your health insurer is violating a Federal lawbased on a posting in the Federal register that was not passed by Congress and as such does not trump an existing Federal law.
Want to know the best part? I just heard from Bill and after contacting Governor Nikki Haley and his insurance company and reading to them section 2742 of Public Law 104-191 his insurer has decided to keep his policy in force because he has a chronic illness. Bill just told me the following: “Steve, the company decided to keep me active. Since it is a chronic illness. Until this illness kills me. Battle #1 is won. Now the hard part. You literally saved me. Thank you so much.” Those are the greatest words I have ever heard in my 20 year career as a licensed health insurance broker. I couldn’t be a happier man today!
KNOW YOUR FEDERAL RIGHTS
For those who may have trouble finding section 2742 of Public Law 104-191 I have linked the pertinent wording below: