I am not surprised at all. Moreover, it would be unfair to judge the MA scheme on the cost issue when cost control was not what the plan sought to achieve.

Under 42 USC section 300gg(c)(1)(J), the term “creditable coverage” does not include “coverage consisting solely of coverage of excepted benefits (as defined in section 300gg-91(c) of this title.”

42 USC section 300gg-91(c)(2)(A) is entitled “Benefits not subject to requirements if offered separately.” The benefits not subject to requirements include (A) limited scope dental or vision benefits; (B) benefits for long-term care; and (C) other similar limited benefits.

While a dentist is arguably a health care provider, dental benefits might not be considered a part of a group health plan. This is likely the case when the dental benefits package is included as a supplemental package and requires an optional buy-in by the beneficiary. If, however, the dental insurance was included in the group health plan and without optional buy-in, then the dental coverage would most likely be covered under the “pre-existing condition limitations” conferred under HIPAA.

To be clear, the portions of HIPAA that I discuss relate to exclusions for pre-existing conditions and not privacy of health information. I would agree that HIPAA privacy requirements likely extend to dentists and dental records, although I have not thoroughly considered that issue.

Those of us who are HIPAA Privacy Officers have, without exception to my knowledge, always included dental health providers as being included under the HIPAA umbrella.

Unable to find the citation you provided. Can you copy/paste it to me? Does 42 USC specifically state that “dental care” is excluded as an “add on insurance coverage excluded from HIPAA”?

45 CFR § 160.103 Definitions.

Health care means care, services, or supplies related to the health of an individual. Health care includes, but is not limited to, the following:
(1) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, and counseling, service, assessment, or procedure with respect to the physical or mental condition, or functional status, of an individual or that affects the structure or function of the body; and
(2) Sale or dispensing of a drug, device, equipment, or other item in accordance with a prescription.

Health care provider means a provider of services (as defined in section 1861(u) of the Act, 42 U.S.C. 1395x(u)), a provider of medical or health services (as defined in section 1861(s) of the Act, 42 U.S.C. 1395x(s)), and any other person or organization who furnishes, bills, or is paid for health care in the normal course of business.

Specifically, a state may not “deny to any person within its jurisdiction the equal protection of the laws.” I read this to imply that states are required to enact legislation that provides equal protection for all people in a multitude of situations. One such situation is mandated health care for all people.

I fail to see an equal protection clause in the Fifth Amendment, from a plain reading of that text. The Fifth Amendment, as enacted, is solely directed to protect the rights of people accused of criminal offenses. The implied equal protection aspect of this Amendment is that every person receives this same protection when accused of a crime.

The skewed variations of the Supreme Court, including introducing illogical interpretations on the Fourteenth Amendment like “substantive due process,” has ruined the intent of the enactment of this Amendment.

I would also agree that one doesn’t necessarily need a job to have health insurance. Someone needs money, which usually comes from a job.

Thoughts on that argument?