Regulatory and Health Care Reform Must Tap State Expertise

Released: May 20, 2009

The state-based insurance regulatory system has been a constant in an otherwise erratic economic climate. That was the key message conveyed this week when Commissioner of Insurance Jim Donelon visited members of Congress to highlight the part of the regulatory system that has consistently worked. Commissioner Donelon is scheduled to meet today with U.S. Senator Mary Landrieu; and Congressmen Charlie Melancon, Rodney Alexander, Charles Boustany and John Fleming. Tomorrow Commissioner Donelon has meetings scheduled with U.S. Senator David Vitter and Congressman Anh “Joseph” Cao.

Commissioner Donelon joined National Association of Insurance Commissioners (NAIC) Chief Executive Officer Dr. Therese M. (Terri) Vaughan and more than 35 state insurance commissioners for meetings with members of Congress to discuss insurance regulatory reform.

Commissioners also heard from Congressman Barney Frank (D-MA.), chairman of the House Committee on Financial Services, on his views for financial regulatory reform; from Health and Human Services Secretary Kathleen Sebelius on health insurance reform; and from Congressman Earl Pomeroy (D-ND) on his perspective as a former NAIC President and North Dakota Insurance Commissioner. During the congressional meetings, Commissioner Donelon stressed that reforms must provide consumers with the time-tested protections of the national system of state insurance oversight.

“ It is imperative that we preserve and build upon the successful model of our national state-based regulatory system,” said Commissioner Donelon. “The American people want more financial stability, not less. Reform proposals must ensure consumers have accountable and local regulators who can provide continued stability despite these challenging economic times. As a state regulator, my department works hard every day to make sure that insurers honor their promises to Louisiana policyholders.”

“ Any reform framework must integrate, but not displace our current state-based system of insurance regulation,” Commissioner Donelon continued. “It must serve to safeguard further the assets of the insurance companies these regulators oversee so the companies can meet their obligations to the individuals and businesses who, as policyholders, have put their trust in them. We have continually improved and strengthened the state insurance regulatory system for more than 150 years.”

Commissioner Donelon said the Washington visits were designed to ensure careful consideration of reforms to the nation’s financial services regulatory structure. “As Congress works to address the current financial turmoil, we want to make sure the comprehensive national system already in place – the existing state-based insurance regulatory system – is given full consideration and review,” said Commissioner Donelon.

Commissioner Donelon further noted that, as a whole, the business of insurance has not posed systemic risk to the nation’s economy, instead providing a source of relative calm in an otherwise turbulent time. State insurance solvency oversight has kept insurance companies stable and protected policyholders from the worst of the financial meltdown, and state regulators continue to provide a local response to consumer issues at no cost to federal taxpayers.

“While we agree that reforms are needed, we believe that federal and state regulators should work together in a way that continues to protect consumers and promote financial stability. There are areas in which we might need federal assistance, but that assistance should streamline the strong state-based regulatory framework – not supplant it with a new federal bureaucracy,” said the Commissioner.

Commissioner Donelon said he also shared with members of Congress the NAIC principles for health insurance reform, which stress substantial experience and expertise of the states in the crafting of federal legislation. “States already have many patient protections, solvency standards and fraud prevention programs in place that should not be preempted by the federal government,” said Commissioner Donelon. “We encourage the development of broad standards rather than prescriptive rules wherever possible to maximize state flexibility to implement reforms in a manner that is responsive to local and regional market conditions. States must be allowed to go beyond the minimum standards to protect consumers.”

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About the NAIC

Formed in 1871, the National Association of Insurance Commissioners (NAIC) is a voluntary organization of the chief insurance regulatory officials of the 50 states, the District of Columbia and five U.S. territories. The NAIC has three offices: Executive Office, Washington, D.C.; Central Office, Kansas City, Mo.; and Securities Valuation Office, New York City. The NAIC serves the needs of consumers and the industry, with an overriding objective of supporting state insurance regulators as they protect consumers and maintain the financial stability of the insurance marketplace. For more information, visit www.naic.org.