The Strange Politics of Medicaid Expansion, 47 J. Marshall L. Rev. 947 (2014) (original) (raw)

2014, The John Marshall Law Review

The "community rating" provision requires health insurers to base health insurance rates on four factors (including self-only or family enrollment plans, geographic area, tobacco use, and age), but not on health factors. 42 U.S.C. § 300gg. Those provisions would have driven insurance companies out of the market without the additional revenue they would collect from newly enrolled individuals under the universal coverage requirement. 5. Brief of State Respondents on the Minimum Coverage Provision, National Federation of Independent Business v. Sebelius (No. 11-398) at 15-24 (Feb. 6, 2012). 6. See infra notes 20 and accompanying text. 7. Id. 8. Id.

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