Which of these factors governs whether an insurer can charge a consumer more due to past health problems?

The most accurate factor that governs whether an insurer can charge a consumer more due to past health problems is state law. Each state has its own regulations regarding how health status and medical history can impact insurance premium rates. Some states may allow insurers to consider a person's medical history when determining premiums, while others might impose restrictions or require premiums to be based solely on age or other non-health-related factors. Federal law establishes guidelines, but individual states have the authority to create more specific regulations that impact how insurers assess risk and determine pricing, particularly in the context of Medicare Supplement Insurance plans. Therefore, understanding state law is crucial in grasping how insurers approach pricing based on health history.