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#ffffff;" />• Widespread illegal activity by promoters
Insurance fraud costsclaiming to be insurance companies, and the
consumers—businesses included--anlong-term affect this has on public confidence in
additional $1,500 per year in increased premiums.state regulation of the insurance business.
In fact, it can inflate premiums by as much as 30Some unauthorized MEWA promoters eventually
percent -- National Insurance Crime Bureaupay benefits, but usually only for small claims--and
Small-business owners often have troubleonly to lure more employers into doing business
obtaining affordable health insurance coverage forwith them. More often, these phony operations
themselves and their employees. Where SBOsoften shut down without notice, often leaving
are in need, dishonest predators will invariablymillions of dollars in unpaid claims behind, a trail of
come out of the woodwork to take unfairuninsured employees and beneficiaries, and
advantage, which is one reason why healthdevastated small businesses with no recourse but
insurance fraud is a growing problem in thisbankruptcy.
country.This practice is unfair and deceptive—a
Illegal Health Insurance Schemesthird-degree felony or first-degree misdemeanor
Health insurance fraud usually involves groupin Florida, for one—and carries serious
health plans sold to employers for theirpenalties for anyone who is caught, tried and
employees.convicted.
Posing as legitimate-sounding but phony unions orToo Good to Pass Up?
trade groups, or falsely claiming the backing of bigIn spite of all that, these plans can appear to be
insurers, fraudulent insurers prey on employersattractive alternatives to business owners who
who are badly in need of health insurance by, forhave given up on buying traditional health
example, offering low-cost health careinsurance. And the opportunity to sell such
coverage—as much as 50% or morelow-cost plans can be too enticing to pass up for
below the going rate. Some even sayotherwise honest, if unsuspecting insurance
they’ll issue coverage regardless of healthagents. But unless they keep their guard up,
conditions, and with little or no underwriting.employers and agents have no way of knowing
Companies and individuals behind these schemesthat these too-good-to-be-true sounding plans are,
are seldom licensed in the states in which they doindeed, bogus.
business, and they operate by recruiting unwaryHeed the Warning Signs
local agents to sell these fraudulent products toBusinesses having difficulty obtaining health
trusting clients. By putting out false information,insurance coverage need to look before leaping at
undercutting rates and competing unfairly withoffers that sound a bit too attractive. Legitimate
licensed carriers, unauthorized insurance scams areMEWAs can be a cost-effective way to get
bilking their customers, and constitute a serioushealth care, but to avoid being taken, business
financial hazard to the general public.owners (and producers) are well advised to get
Here’s the set up…references, get details, and talk to their legal
Legitimate v. Illegitimate “MEWAs”advisors. Ask questions…
Under federal law, self-insured or fully insured• Be skeptical if health insurance coverage
“Multiple Employer Welfarethat boast unusually low premium rates.
Arrangements”--MEWAs—are plans• Promotional materials that seem
created by two or more employers to furnishdeliberately to avoid the word
employee benefits, such as health insurance.“insurance” or any insurance
However, unscrupulous entrepreneurs have foundterms; or offers to waive printed underwriting
MEWAs to be a handy way to market worthlessguidelines to enroll employers in the plan.
health care benefits to employers for their• A promoter wants to set up a
employees. Here’s how…self-funded plan that is "reinsured" by an
While legitimate MEWAs permit individualunlicensed insurance company; or an insurer has
employers to self-insure health coverage for their"Ltd." or "S.A." in its name. This usually indicates an
own employees, any plan providing coverage tooffshore company that could spell trouble.
more than one unrelated employer, must be• A plan claims to be exempt from state
licensed by the state. Yet dishonest promotersregulation because of its religious orientation or
present MEWAs to employers as employeesome other constitutional protection; or the plan
benefit plans covered by the Employeeaccepts people without a medical exam and those
Retirement Income Security Act (ERISA), whichwith serious health conditions that most plans
(they say) exempts them from expensive statewould reject.
licensure, reserve, and other regulatory• Participating employers have to join an
requirements and allows them to offer health"association" or "union" to obtain coverage; or
care and other coverage at such low rates.health care providers complain that their bills have
It just ain’t so, and states cannot allownot been paid.
health care coverage to become a con gameLook Before You Leap
played on the unsuspecting by the unscrupulous.Here’s how to make sure a health plan is
Yet many of these phony insurers are domiciledbeing marketed by a licensed insurer:
outside the United States, further complicating the• Ask for the insurer’s name and
false information illegitimate MEWA promoterscheck the benefits booklet to see if it names a
give employers, and their almost inevitable failurelicensed insurers.
to pay claims.• Verify claims that a reputable insurance
Other Causes for Concerncompany is backing the plan by contacting the
The primary legal issue involving unauthorizedcompany.
insurers is the erroneous claim that• Contact the insurance department to
they’re free from state insuranceverify that the insurance company backing the
regulation, but other issues are cause for concern.MEWA is licensed in your state.
These include:If you’ve been approached by someone
• Inadequate financial backing, and the lackselling what you suspect is fraudulent health care
of a federal guaranty fund covering unpaid claims.coverage by someone you think may be an
• Financial impact on the businesses thatunauthorized insurer--or know an SBO who
have fallen for this fraudulent scheme, and thebought one these plans--report it to the state
future insurability of MEWA-covered employee.insurance department that has jurisdiction.