Posts Tagged - ‘individual mandate’

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Mary Brown: Individual Suing Against Health Insurance Mandate

Wednesday, May 19th, 2010

Jami Dwyer under CC 3.0

The identity of one of the individuals who recently joined over 20 states, as well as the National Federation of Independent Businesses, in their lawsuit contending against a major provision of healthcare reform has been released. Her name is Mary Brown, and she owns an auto repair shop (Brown & Dockery, Inc.) in Panama City, Florida.

According to Brown, she is suing because she believes that the enactment of a federal insurance mandate (which will require people to either buy a health insurance plan or pay a fine) is unconstitutional. She is self-employed and uninsured by choice; preferring to invest in her business and employees instead.

She says that she will not be eligible for Medicaid or Medicare before the individual mandate takes effect in 2014, although the filing doesn’t mention whether or not she would be eligible for subsidies. Her lawyer states that she and other small business owners will be harmed due to federal interference in their business and spending matters.

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Nixon: Healthcare Reform Liberal?

Monday, May 17th, 2010

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The Barack Obama administration’s affordable health insurance reform efforts are very controversial. Republicans are especially opposed. Many believe that it is a socialist policy.

Interestingly, a modern Republican president went even further. In 1974, President Richard Nixon proposed comprehensive reform to the health insurance system (which shows how long this debate has been going!). Similar to the recently passed law, it included an individual mandate. However, it also included a government-run public option, which so-called “Obamacare” doesn’t.

Nixon was paranoid about Communist infiltrators during that time, ironic for a man whom many current Tea Party members would probably consider socialist on the health care issue. His attempt at healthcare reform was unsuccessful, primarily since he was soon forced to resign due to the Watergate scandal.

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Health Insurance Mandate On Missouri Ballot

Wednesday, May 12th, 2010

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In Missouri, the 2010 election season begins early. They’re having a special election in August, which includes several ballot initiatives.

One of the poll questions involves healthcare reform: specifically the individual health insurance mandate it includes. The mandate is one of the most controversial aspects of the law.

The Health Care Freedom Act, proposed by Republican Jane Cunningham, is purported to protect Missouri residents from being forced to either buy a health insurance plan or pay a penalty fine; it’s a clear challenge to federal law. Local political pundits predict that the referendum is likely to pass.

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Arizona Joins The Healthcare Reform Lawsuit Bandwagon

Wednesday, April 7th, 2010

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Now there are 16. That’s the number of states involved in a lawsuit which contends that the individual health insurance mandate included in federal healthcare reform legislation is unconstitutional.

Arizona is the latest addition. In order to avoid what a handful of other governors have dealt with–uncooperative state attorney generals that refuse to file what they believe is a frivolous lawsuit–Republican Governor Jan Brewer recently signed a bill that allows her to circumvent the normal requirement that the AG files the suit. She believes that penalizing people who refuse to buy a health insurance plan oversteps Congress’ power.

In addition to the Democratic attorney generals’ doubts about the lawsuit’s merits, they also fear that it will be costly to the taxpayers at a time when the state can’t afford it. However, Gov. Brewer claims that Arizona’s portion of the expense will be less than $5,000.

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Why Lawyers Think Health Insurance Reform Is Constitutional

Friday, April 2nd, 2010

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A recent panel from legal scholars at the University of Washington discussed the most important law-related topic at the moment: health insurance reform. It wasn’t much of a debate; the moderator claimed that the university tried to find academic experts who would proclaim the bill–and specifically its individual mandate–fully unconstitutional, but failed. One of the panelists, a former Republican attorney general, said he was sympathetic to the political views of those states filing lawsuits. However, their attempts had little legal merit.

Why do they believe the lawsuits will fail?

  • One of the primary arguments of opponents is that the federal government is overstepping its authority by getting involved. However, the Constitution gives it the right to “tax and spend”, as well as regulate interstate commerce. Since health-care (including the purchase of health insurance plans) makes up over one-sixth of the American economy, they believe it qualifies.
  • Contrary to some accusations, states are not being forced to participate. They can decline involvement in the mandate, but they will be giving up federal health funding if they do so. Over the years, that ‘extortion’ has been deemed legal (such as when the federal government refused to send funding to states’ transportation departments if they didn’t increase the legal drinking age from 18 to 21).
  • Recent case precedents in the Supreme Court will make it difficult for the justices to deem the bill unconstitutional.

It remains to be seen if their dismissal is correct.

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Kentucky, Arkansas Steer Clear of Health Insurance Mandate Lawsuits

Thursday, April 1st, 2010

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Although more than one-fifth of the union is gearing up to sue the United States government for the health insurance mandate included in the healthcare reform bill, two states have refused to get involved.

  • In Kentucky, the Democratic attorney general is refusing to join the multi-state class action lawsuit recently filed in northern Florida. Jack Conway believes the suit is a waste of the taxpayers’ money, and a political stunt by Republicans seeking election to higher office by catering to those against the forced purchase of Kentucky health insurance.
  • The Democratic governor and attorney general of Arkansas, Mike Beebe and Dustin McDaniel, also refuse to join the lawsuit because they think the constitutional argument against it will be unsuccessful. For them, it’s an uncomfortable reminder of the last time states’ rights were invoked against the federal government: in the late ’50s, their state attempted to prevent the desegregation of their public schools. While the two issues are by no means the same, similar legal arguments were unsuccessful in that case; it was found that federal authority superseded state sovereignty. Therefore, the requirement of purchasing Arkansas health insurance will most likely stand.

Either way, it appears that the issue of mandating people to purchase health insurance plans may be a question for the Supreme Court.

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GOP: The Healthcare Fight Isn’t Over

Monday, March 22nd, 2010

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Democrats may be relishing in their healthcare reform victory, but that doesn’t mean that the controversy is over. Republicans are still steadfast in their opposition of the newly passed legislation, believing that it will negatively impact the quality of health insurance plans in America.

GOP Senator John McCain predicts that public outrage will be further stoked by the process by which it was passed. Democrats will no doubt suffer in the midterm elections for their votes in favor of what McCain considers a government takeover. Protests will pressure Congress to repeal the bill, though those prospects are unlikely.

Already, many state legislatures have passed laws circumventing the individual health insurance mandate–one of the centerpieces of the legislation. Mostly Republican legislatures believe that that portion of the law is unconstitutional, since it involves the federal government requiring the purchase of a product within each state. The legal question will surely make it to the Supreme Court.

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States May Pass Laws to Stop Health Insurance Mandate

Friday, March 12th, 2010

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Healthcare reform is a very controversial issue. Many people are opposed to the tactics and approach being used by Democrats. One of the main points of contention is the inclusion of a mandate, which requires all individuals over a certain income level to buy health insurance. While supporters consider it a necessary evil in order to expand affordable health coverage to all (since consumers would no longer be able to take advantage of the system by waiting to buy coverage until they get sick, health insurance companies would have no choice but to approve people with pre-existing conditions), Republicans consider it an infringement upon states’ rights.

Several state legislatures have fought back against that provision. Virginia is planning to pass a law that would allow the state to opt out of the individual mandate, by not allowing any entity to require its citizens to buy health insurance. Florida is among the other 32 states–mostly Republican-led–that have considered such a measure, whether through the state government or public referendums.

These laws are likely to cause the issue to reach the Supreme Court. President Obama, who specialized in constitutional law himself, has dismissed concerns that the mandate may be unconstitutional. However, some conservative legal scholars believe that the purchase of an individual health insurance plan does not qualify as interstate commerce that the federal government can regulate.

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