Two high-profile consumer advocacy groups agree that the U.S. Department of Health and Human Services (HHS) should think carefully about federal health law enforcement mechanisms.
The groups are taking different positions in other areas, such as the price rules for consumers who use tobacco.
When HHS is deciding whether a state is enforcing the consumer rules, it should consider whether a state has adopted the legislation needed to implement the rules and whether the state is actually enforcing the rules, the center said.
"As evidence of enforcement, HHS, for example, could evaluate whether a state is actively monitoring issuers' behavior in the marketplace; conducting rate and form review, and tracking and responding to consumer complaints," the center said. "In the absence of appropriate enforcement, there is a risk that the insurance reforms will prove illusory."