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Such nuances were seemingly lost before the Supreme Court. One of the lawyers representing the plaintiffs, Michael Carvin, asserted during the arguments that "Congress prohibits anyone over 30 from buying any kind of catastrophic health insurance."
Verrilli did not challenge Carvin’s characterization, but it is raising eyebrows among insurance professionals.
"I don’t think that’s exactly right," said benefits lawyer Mark Holloway of the Lockton Companies, a major insurance broker serving mid-size companies. "It depends on what you call catastrophic coverage."
Carvin says he stands by his statement in court that the law prohibits anyone over 30 from buying any kind of catastrophic insurance.
"The bronze plan is not catastrophic coverage," said Carvin, who represents the National Federation of Independent Business.
"It’s got all the minimum essential benefits in it," he added. "It’s got to have wellness, preventive, contraceptives — all kinds of things a 30-year old would never need. It’s not remotely catastrophic."
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