PLHIGA Act Preempted As To Authority To Assess Premiums Collected By Health Insurers

(September 12, 2019, 12:07 PM EDT) -- HARRISBURG, Pa. — The Pennsylvania Life and Health Insurance Guaranty Association Act (PLHIGA Act) is preempted by federal law to the extent that it authorizes PLHIGA to assess Medicare Part C and D premiums collected by its member insurers, the Pennsylvania Commonwealth Court ruled Sept. 9, finding no error in an order by the state’s insurance commissioner sustaining health insurers’ appeals and reversing challenged assessments (Pennsylvania Life and Health Insurance Guaranty Association v. Pennsylvania Insurance Department, Nos. 940 - 947 C.D. 2018, Pa. Cmwlth., 2019 Pa. Commw. LEXIS 840)....