So what they're doing now is jacking up their rates across the board. The law, as amended (42 U.S.C. 300gg-1), stipulates that insurance issuers cannot charge more to person "A" than to person "B" for the same coverage. It does not say how much they can charge, period.
From Sec. 2704 of the Patient Protection, etc, Act:
(3) (A) in section 2702 (42 U.S.C. 300gg-1) (i) by striking the section heading and all that follows through subsection (a); (ii) in subsection (b)(I) by striking health insurance issuer offering health insurance coverage in connection with a group health plan each place that such appears and inserting health insurance issuer offering group or individual health insurance coverage; and (II) in paragraph (2) (A) (aa) by inserting or individual after employer; and (bb) by inserting or individual health coverage, as the case may be before the semicolon; and (iii) in subsection (e)(I) by striking (a) (1) (F) and inserting (a) (6); (ii) by striking 2701 and inserting 2704; and (III) by striking 2721 (A) and inserting 2735 (A) ; and80 (B) by transferring such section (as amended by subparagraph (A)) to appear after section 2705 (A) as added by paragraph (4); and (4) by inserting after the subpart heading (as added by paragraph (1)) the following:
http://www.opencongress.org/bill/111-h3590/textWhat follows is a section that allows premiums difference to be based on family/individual coverage; age (not more than 3:1); tobacco use (not more than 1.5:1); and the poorly defined 'rating areas' that each State is supposed to define (if they don't, the Secretary will assign them).
The relevant section of the enormous Title 42 (the section referred to in the part above - essentially they are adding 'individual coverage' after 'group health plan'):
(b) In premium contributions
(1) In general
A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, may not require any individual (as a condition of enrollment or continued enrollment under the plan) to pay a premium or contribution which is greater than such premium or contribution for a similarly situated individual enrolled in the plan on the basis of any health status-related factor in relation to the individual or to an individual enrolled under the plan as a dependent of the individual.
http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00000300--gg001-.htmlSo, they are prohibited from charging more, but there is nothing to stop them from raising premiums through the ceiling NOW, before the restrictive portion of the new Act (sec. 2718) kicks in - the one that uses the vaguely defined 20% or 25% over the cost of premiums and 'other non-claims costs'. The premiums that exist today will be grandfathered in group coverage plans, so the provision for grandfathering is established - and those sky-high premiums can (and probably will be) used as a bar to establish rates for individual coverage under the Act.
There really is nothing concrete in the Act to stop the insurance companies from making out like bandits; vague language about what the Secretary will do or what the States will do notwithstanding.