Who would I sue? (obamacare subsidy issue)

[Beowulf]

What is the name of your state (only U.S. law)? Minnesota

I am unsure who I would sue-- Blue Cross Blue Shield of Minnesota (BCBS MN), or the State of Minnesota?

I buy private health insurance (BSBS MN) because I took early retirement 5 years ago just before Obamacare came into existence. For 2017 only, the state of MN gives a 25% subsidy to people like me caught in this situation (no employer health care coverage, and I make too much income for any sort of subsidy just for being poor [that has been in place since the start of obamacare).
https://mn.gov/mmb/minnesota-health-insurance-premium-relief/
Since January 2017 I have received the 25% subsidy, that the health insurance companies (in this case BCBS MN) automatically deduct (credit) from my monthly premium that they take out of my checking account. Now suddenly BCBS MN has stopped giving me that subsidy and they can not even explain to me why they are stopping that subsidy for me; I have talked to their Customer Service 3 days ago and also yesterday, and they are as puzzled as I am, they just give me the scripted answer that for some reason I must no longer be eligible. All that happened is that I moved from one city in MN to another city in MN, and I think their computer system thinks the move is out of state (which would no longer make me eligible for that subsidy. They have put my situation into "research mode" and said they will get back to me at some undetermined period of time on the results of their research into the matter; in the meantime I feel caught in the middle and their incompetence is going to cost me $1000 that I should not be charged (I meet all the criteria for the subsidy, as I have been getting monthly since January).

But if this is not resolved, who would I sue to get back the $1000, would I sue BCBS MN in small claims court, or would I have to sue the State of MN?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Minnesota

I am unsure who I would sue-- Blue Cross Blue Shield of Minnesota (BCBS MN), or the State of Minnesota?

I buy private health insurance (BSBS MN) because I took early retirement 5 years ago just before Obamacare came into existence. For 2017 only, the state of MN gives a 25% subsidy to people like me caught in this situation (no employer health care coverage, and I make too much income for any sort of subsidy just for being poor [that has been in place since the start of obamacare).
https://mn.gov/mmb/minnesota-health-insurance-premium-relief/
Since January 2017 I have received the 25% subsidy, that the health insurance companies (in this case BCBS MN) automatically deduct (credit) from my monthly premium that they take out of my checking account. Now suddenly BCBS MN has stopped giving me that subsidy and they can not even explain to me why they are stopping that subsidy for me; I have talked to their Customer Service 3 days ago and also yesterday, and they are as puzzled as I am, they just give me the scripted answer that for some reason I must no longer be eligible. All that happened is that I moved from one city in MN to another city in MN, and I think their computer system thinks the move is out of state (which would no longer make me eligible for that subsidy. They have put my situation into "research mode" and said they will get back to me at some undetermined period of time on the results of their research into the matter; in the meantime I feel caught in the middle and their incompetence is going to cost me $1000 that I should not be charged (I meet all the criteria for the subsidy, as I have been getting monthly since January).

But if this is not resolved, who would I sue to get back the $1000, would I sue BCBS MN in small claims court, or would I have to sue the State of MN?

Read your contract and you may find out that you don't have the right to sue but will instead go to binding arbitration. Who is to blame? Well the ACA is being destroyed so government is to blame.

 

[Taxing Matters]

But if this is not resolved, who would I sue to get back the $1000, would I sue BCBS MN in small claims court, or would I have to sue the State of MN?

The first question you need to resolve is whether you may sue anyone for this. The bill that the legislature passed focused on providing the appropriation and directing insurers to provide the discount and then apply to the state for reimbursement. But nowhere in the Act does it say that if you are improperly denied the subsidy that you have a remedy in court for it. So its not clear that this is something you can sue for. Assuming it is, then it is likely the carrier you would sue since it is the one that determines eligibility for the program. Only in the event the state told the insurer you were not eligible might there be some claim against the state — and if you have to sue the state you must first provide notice of your claim to the state attorney general within 180 days of when the claim accrued.

 

[Taxing Matters]

Who is to blame? Well the ACA is being destroyed so government is to blame.

Except that the program that the OP is talking about is not part of the ACA. It is a separate state program, so the ACA, whatever its flaws, is not the cause of the OP’s problem.

 

[quincy]

What is the name of your state (only U.S. law)? Minnesota

I am unsure who I would sue-- Blue Cross Blue Shield of Minnesota (BCBS MN), or the State of Minnesota?

I buy private health insurance (BSBS MN) because I took early retirement 5 years ago just before Obamacare came into existence. For 2017 only, the state of MN gives a 25% subsidy to people like me caught in this situation (no employer health care coverage, and I make too much income for any sort of subsidy just for being poor [that has been in place since the start of obamacare).
https://mn.gov/mmb/minnesota-health-insurance-premium-relief/
Since January 2017 I have received the 25% subsidy, that the health insurance companies (in this case BCBS MN) automatically deduct (credit) from my monthly premium that they take out of my checking account. Now suddenly BCBS MN has stopped giving me that subsidy and they can not even explain to me why they are stopping that subsidy for me; I have talked to their Customer Service 3 days ago and also yesterday, and they are as puzzled as I am, they just give me the scripted answer that for some reason I must no longer be eligible. All that happened is that I moved from one city in MN to another city in MN, and I think their computer system thinks the move is out of state (which would no longer make me eligible for that subsidy. They have put my situation into "research mode" and said they will get back to me at some undetermined period of time on the results of their research into the matter; in the meantime I feel caught in the middle and their incompetence is going to cost me $1000 that I should not be charged (I meet all the criteria for the subsidy, as I have been getting monthly since January).

But if this is not resolved, who would I sue to get back the $1000, would I sue BCBS MN in small claims court, or would I have to sue the State of MN?

BCBS dropped one of its individual health plans for 2017. Was your plan the one that it dropped?

Some will find that they will be credited for amounts previously deducted.

 

[Ohiogal]

Except that the program that the OP is talking about is not part of the ACA. It is a separate state program, so the ACA, whatever its flaws, is not the cause of the OP’s problem.

Uggghhh.. it could impact it though. And he may not have a legal remedy ...

 

[quincy]

Uggghhh.. it could impact it though. And he may not have a legal remedy ...

He may not need a legal remedy. He could find the amount taken is credited to him ("free" coverage to make up for the withdrawals).