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Insurance Industry Sues to Halt Anti-Rescission Rules in CA

Cheryl Clark, for HealthLeaders Media, August 20, 2010
  • Require use of new and improved health history questionnaires that are approved by the Department of Insurance before the insurer can rescind.
  • Require that agents attest if they help applicants with a health insurance application.
  • Prohibit confusing phrasing of application questions like double-negatives and certain compound questions.
  • Require that consumers be given a copy of their application to check for discrepancies.
  • Require insurers to not rely solely on self-reported health history when possible.
  • Prohibit insurers from conducting certain rescission-focused investigations long after becoming aware of a possible misrepresentation or omission by the applicant.  The rules also prohibit insurers from seeking information outside the scope of such an investigation.
  • Require that insurers give consumers the opportunity to respond during rescission investigations, and require insurers to listen to consumer-provided information.
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