A deeply divided plenary body of the NAIC passed a contentious resolution backed by health insurers and agents but not consumer groups late Tuesday that urges the U.S. Department of Health and Human Services to take "whatever immediate actions are available" to it to release agents and brokers from medical loss ratio (MLR) strictures enacted under the 2010 health care reform act.

The resolution, which passed 26-20 after a nearly 90-minute conference call — and two prior unsuccessful, yet strong, attempts to either amend it to mitigate its demands or to send it back to committee — also says Congress "should expeditiously consider legislation amending the MLR provisions." 

Even as the resolution will go to HHS, almost half of state regulators opposed the measure, with the most vocal ones stating the political gambit here by the NAIC would ruin its credibility in Washington.

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