It was not unexpected that the U.S. Supreme Court will review aspects of the Affordable Care Act (ACA) commonly referred to as Obamacare. At the heart of the challenge to the law’s constitutionality is the well-publicized individual mandate which requires all Americans to either acquire health insurance or pay a penalty. The review is expected to begin after the first of the year with a decision possible before the 2012 presidential elections.
While I have strong, personal views about the actual legislation, I believe in the importance of health insurance to make the best of medical care available and affordable for all. The leading cause of personal bankruptcy in the U.S. is the cost of medical care even among insured people that might have inadequate coverage.
We do not know the final outcome of the court’s decision nor the political discourse that will surely result. My best advice to all Patch.com readers is to make certain you have provided for this critical aspect of your well-being today while not waiting.
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Sections 1311 and 1322 of the Patient Protection and Affordable Care Act authorizes Federal subsidies to State run insurance exchanges. But due to a "massive legislative defect" created by sloppy Democrat bill writers working in haste to force this odious legislation upon America, there is NO provision for the Federal government to make essential subsidy payments to Federally established exchanges. In the absence of a State insurance exchange and with NO CONGRESSIONAL AUTHORIZATION to fund Federal exchanges, any State that REFUSES to form an exchange will effectually ensure that within its State boundaries, ObamaCare cannot be implemented!
Very interesting points and my thanks for your input. The Wickard case seems generally ominous if broadly applied. I really believe you are on the right track focusing on the problems with the legislation itself. I have struggled with ACA provisions rolling out this year that have caused problems in important product availability (ex. stand alone children's coverage). The Government also lacks any meaningful "distribution" method and I frequently help clients (which I am glad to do) navigate some of the new programs like pre-existing condition coverages. The 2009 stimulus bill was band-aiding some of the problems but that is running out. Long Term Care has been bounced as not financially feasible. HHS is looking at coverage requirements for major medical. I don't understand how HHS will be able to make those numbers work mandating....coverages, deductibles, minmum loss, etc. and then price fix premiums without cost control. Cost control would basically shift managed care to the Federal Government. All this could greatly reduce provider supply. My real worry and purpose of the blog is to encourage everyone to make certain they have coverages they need without waiting for a promised Government program. IE, deal with today because in my view, the legislation must undergo radical change no matter what party is in charge, no matter what happens in the court. Thanks again!
I caught the tail end of something on the news about this the other night. It sounded like the Supreme Court had begun the review process of the ACA. Do you know if there is anything new on this yet? Thanks for your insight. Glad I discovered this info. You're a "voice of reason". Crystal
At this stage, the court is just hearing the arguments with decisions not expected for a few months. I have really tried not to speculate on what they will decide but rather help clients navigate their options. The big issues to watch for are: 1. Of course the Supreme Ct. Ruling. 2. HHS coverage "guidelines/requirements" for the health insurance exchanges. (They have delegated plan design to the States but still have broad requirements) 3. GA health insurance exchange details should the law survive. GA has challenged the law. I have written previously about how to navigate some of the new programs (like the Pre-Existing condition plan) as well as planning around some of the unintended consequences (stand alone coverage plans for kids being scarce, group insurance impact, etc). I will try and keep Patch Readers up to date on major issues