Personal Finance Tips

Let’s leave the politics of healthcare reform to one side and focus on a proposal to change the law to allow free market competition between insurers in different states. A policy consistently mentioned by the Republican party is to break the state monopolies in the insurance market. Since the 1800′s, the individual states have claimed the sole right to regulate the sale of insurance within their own borders. Each state has asserted the right to license insurance companies and to set the terms on which they can conduct business. This has led to a patchwork of different sets of regulations with each state creating unique laws. In turn, this forces an insurance company to set up separate subsidiaries to trade in each state. No licensed company can sell a policy to someone who has a residence in another state. There was a brief moment in 1944 when a decision of the Supreme Court allowed the possibility of federal supervision. But the lawmakers in Washington immediately changed the law to retain state control. Why is this a bad thing? The national insurance companies have divided up the states between them and choose not to compete against each other. This keeps the number of insurance companies in each state artificially low and, because there is no real competition, premium rates are higher than they should be for weak policy terms.

You are reading this article on the internet. When online, you can buy more or less any product or service across state or national boundaries. Although there are some restrictions, e.g. some states limit your right to import drugs from foreign countries, there is an almost free market where you can search for the cheapest price and buy whatever you need. There is no possible economic justification for retaining this historical privilege for insurance companies. All it does is preserve their ability to maximize their profits at your expense. For example, in Minnesota three insurance companies dominate 80% of the market for health plans. There is no doubt that, if more companies entered the market, the premium rates would fall. During his run for President, Senator John McCain was in favor of free markets for health plans. President Obama supports it and the proposal is in both versions of the healthcare reform bills currently stalled in Washington. But because the Republican party’s only policy is to oppose everything the Democrats propose, it seems even this simple change in the law may be lost. What will the result be? The anticompetitive behavior of the insurance industry will continue and you, the consumer, will suffer.

Could the law change tomorrow and allow everyone access to cheap health insurance wherever it can be found? The problem is that the states have different sets of regulations and compliance leads to different costs. The playing fields are not level. So, premiums are significantly lower in those states which have the fewest consumer protections. It would not be fair competition if people living in Minnesota, which has strong consumer protections, could all get health insurance quotes from states with little or no consumer protections. The only way in which there could be a free market is to have a single set of federal regulations for the sale of health insurance plans. Sadly, the political parties do not want to talk about this even though we would all benefit. In the US, the political elite’s interests do not match the needs of the ordinary citizens.

Insurance is a slightly nonstandard business in that all the major regulatory functions are left to the individual US states. Federal government has decided to abandon its normal role as the regulator of business to protect the consumers’ rights. Such regulation as does exist is down to the political climate in each state and the will of the lawmakers to take on the economic power of the insurance industry. That said, all Departments of Insurance start off equal. Their primary function is to license companies to sell insurance in their state. Unlike other businesses, an insurance company is licensed state-by-state. No company can sell a policy across state lines. That means every national insurer must establish separate subsidiaries in each state and each company must hold a license. There are also minimum capital holdings set by the Department to protect the solvency of the local companies. There must always be enough money held by each company to pay out on the claims made. Some states require actual cash to be available. Others have a formula to prove the availability of money as required. But, for the most part, this is historical. The major players established their presence in multiple states years ago and newcomers moving across state lines are rare. In fact, the general lack of competition in state markets gives no incentive for companies to seek new licenses.

Once all the players hold their licenses, the personality of the Commissioners in charge comes to the fore. Many view their role as political either to run the Department with the lowest possible level of regulation or to be an effective watchdog to protect consumer rights. You can tell which way your local Department is run by logging on to your state’s website. Some sites are very pro consumer, offering detailed help and advice on how to buy insurance and get a good deal. But the key test lies in the way complaints are handled. Without exception, all Departments accept complaints from people holding policies. In theory, they should all investigate these complaints and apply a judicial process to decide whether the insurer is at fault and, if so, what the remedy should be. For example, Road Island has just imposed a fine of $5,000 on a leading insurer. Following a traffic accident, the insured wanted the repair work done at his regular auto body shop. This was refused by the insurer because the shop was not on their list of approved body shops. Local regulations drawn up by the RI Department allow the insured a free choice of repair facilities. The fine of $5,000 and publicity for it represents a small penalty in itself. But if there were many such fines, the cumulative bad publicity would damage this insurance company’s reputation and its market share would fall.

The best Departments are completely open about the complaints process, publishing details of the complaints, the identity of the insurance company and whether the complaints were upheld. When you are looking for cheap car insurance, this gives you an excellent guide to all the companies’ performance in selling policies and handling claims. Sadly, the majority of Departments do not identify the bad insurance companies by name. The worst do not publish any useful information about complaints. This leaves you in the dark when looking for cheap car insurance with a reliable company.