State Records Reveal Health Insurance Cancellations in PA
Category:FOIA Response
Number of Pages:4
Date Created:November 21, 2013
Date Uploaded to the Library:December 16, 2013
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November 21, 2013 Mr. William Marshall Judicial Watch, Inc. 425 Third St. S.W., Suite 800 Washington, 20024 Re: RTKL-00710 Dear Mr. Marshall: 11/18/2013, the Pennsylvania Insurance Department (Department) received your request for information pursuant the Pennsylvania Right-To-Know Law, P.S. 67.101, seq. (RTKL), wherein you asked for the number group and non-group comprehensive (major medical) health insurance policies for which the Pennsylvania Insurance Department has received notice report the carrier canceling non-renewing, intending cancel non.-renew, such policies, and for which the coverage termination date after June 2013, along with the number individuals covered such policies the policy termination dates. Because your request was sent the RTKL mailbox and references the RTKL, are required treat RTKL request. However, the Office Open Records has repeatedly noted, under the RTKL, agencies are not required answer questions posed RTKL requests, but only provide public records. See P.S. 67. 703, DiPerna Churchill Borough, OOR No. 2009-0112 and Cohen Pennsylvania Department Labor and Industry, OOR No. 2009-0099. your RTKL request seeks answers questions, rather than public records, denied. However, outside the RTKL, are providing the answer your question. Insurers are permitted under federal law (HIPAA Title withdraw product, withdraw from market. While there requirement notify their plans, the Department asks for information regarding withdrawals can assure good consumer communications. However, those plans would exempted from the RTKL under 67.708(b)(11) which states record that constitutes reveals trade secret confidential proprietary information possible that some insurers have withdrawn products without informing the Department. not known how many policies have terminated, cancelled, been discontinued since June 2013. However, while the Department does not have precise numbers from what have seen plans submitted prior the President 11/14/13 announcement, appears that approximately 250,000 Pennsylvanians (total lives, not simply the number policies) are finding their current coverage scheduled discontinued December 31, 2013. You have right appeal this denial information writing Terry Mutchler, Executive Director, Office Open Records (OOR), Commonwealth Keystone Building, 400 North Street, 4th Floor, Harrisburg, Pennsylvania 17120. you choose file appeal you must within business days the mailing date this response and send the OOR: Bureau Administration 1326 Strawberry Square Harrisburg, Pennsylvania 17120 Phone: 717.787.4298 Fax: 717.705.3873 www.insurance.pa.gov this response; your request; and the reason why you think the agency incorrect its response. Also, the OOR has appeal form available the OOR website at: https://www.dced.state.pa.us/public/oor/appealformgeneral.pdf. Sincerely, Peter Salvatore Agency Opens Records Officer 1326 Strawberry Square Harrisburg, 17120 717.787.4429 Attachment: RTKL request Bureau Administration 1326 Strawberry Square Harrisburg, Pennsylvania 17120 Phone: 717.787.4298 Fax: 717.705.3873 www.insurance.pa.gov Jl/17/2013 02:36 2026460190 JUDICIAL WATCH Judicial WateS Recd 11/18/13 RTKL-00710 Due 11/25/13 B(!cartse JlO OfJ i.< above the (ew! November 18, 2013 VIA CERTIFIED MAlL AND FACSIMILE State Pennsylvania Insurance Department, Chief Counsels Office Room 1341 Strawberry Square Harrisburg, Peonsylvania 1720 Rt):Pennsylvania Right-to,Know Law Reqoest Dear SirlMadalll: Pursuant the provisions the Right-to-Know Law P.S. 67.101 seq., ludicial Watch, Inc. (Judicial Watch) requests from the Pelmsylvania Insurance Department, within five (5) busi.ness days, access and copy ofrecords related to, conceming regarding: .) The n.ulUber group and nOll-group comprehensive (major medical) health insurance policies for which the Penosylvania Insurance Depattment has received notice report the carrier canceling non-renewing, intending cancel non.-renew, such policies, and for which the coverage termination date after June 2013, along with the number ofin.dividuals covered such policies the policy termination dates. record, defined 1.8. 67.102, is, Infonnation, regardless physical form characteristics, that documents transaction activity agency and that created, received retained pursuant law cOltnection with transaction, business activity the agency. The term includes document, paper, letter, map, book, tape, photograph, film souud recording, information stored maintained electronicall.y and data-processed unage- processed document. Please prov.ide copies the requested records 425 Third Street, W., Suite 800, Washington 20024, within five (5) business days your receipt this request. P.S. 67.707(!J) Tfthe requested records cannot produced within .five (5) business days, please notiry writing the reason for the delay and the date which the requested records will available 425 Third St., SW, Suite 800. Wnshingtoll. 20024 Tel: (202) (4(; 5172 1-888.593 8442 IAX: (202) M6-5199 Email info@JlId ici~IWtch wWIV.Judici.IWalch.org 02/03 Jl/17/2013 02:36 2026460190 JUDICIAL WATCH Pennsylvania Josurance Department Chief Counsels Offi November 18, 2013 any responsive record portion thereof c.laitned exempt from production, please provide sufficient identifying infonnation with respect each allegedly exempt record portion thereof allow nssess the propriety the claimed exemption. Additionally, any reasonably segregab.le portion record otherwise exempt from disclosure required mude available a.fter deletion the portions that are exempted law. P.S 67.706. Finally, Judicial Watch requests waiver any direct costs duplication statutory fees pltrSuant P.S. 67.lJ07(b)(4)(ii)(B) the request for noncommerc. purposes. ll1d. cial Watch non-profit, tax-exempt 501(c)(3) educational orgauization dedicated increasing public understanding ofthe operations government well the importance ethics and the lulc law. Judicial Watch regularly requests information from public agencies about their operations and activities and disseminates this infonnation the public .fwtherance its educational mission. However, any fee charged for copying the requested records, please notiJy advance the expected cost li.kely exceed $350.00. you not understand this request any portion thereof, you feci YOll require clarification this request any portion thereof, please contact immediately 202 646-5170 bmarshal@judicialwatch.org. Sincerely, William Marshall Judicial Watch, Inc. 03/03