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In Connecticut, about 54percentt of the population gets health insurance through an employer, and of these, about 50percentt have coverage from fully insured plans and thus would benefit from this law.
"We have this wholesale shift away from insured plans to these self-saving plans," said Karen Ferguson, director of the Pension Rights Center, an employee-oriented research group.
"Petitioners with insured plans are currently required to submit a form either to their insurer or to the federal government (naming petitioners' insurance company), stating that petitioners object on religious grounds to providing contraceptive coverage.
Now the Affordable Care Act is poised to close that loophole by applying the same antidiscrimination rules for self-funded plans to insured plans.
And the section of the Affordable Care Act that extends the discrimination ban to insured plans explicitly ties the new ban to those same common-control rules.
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Although some retirees receive less than they were promised, no retiree from a federally insured plan in the private sector has come away empty-handed since the federal pension law was enacted in 1974.
The fact that pension plans are insured — private plans by the Pension Benefits Guaranty Corporation, a federal agency; state and municipal plans by taxpayers — makes the case for enhanced regulation even stronger.
In order to achieve the goal of outcome equity, an integrated approach should be introduced by government staff, decreasing the gap in welfare benefits among individuals insured by different insurance plans.
"This enables non-exchange plans to cherry-pick healthy members who are currently insured with plans [that] will be participating in the exchange," said Tom Epstein, a vice president at Blue Shield of California, one of 13 health plans selected by Covered California last month.
Most of the insured have plans of limited flexibility that their employers provide.
They are particularly vulnerable because they deal with a greater number of federally mandated and insured medical plans and programs, the most the biggest being Medi-Cal.
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