Posts Tagged - ‘virginia health insurance’

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Virginia Judge To Rule on Health Insurance Mandate on New Year’s Day

Tuesday, October 19th, 2010

Image: USA Today

Those hoping for a quick resolution to the lawsuits seeking to overturn a portion of the Obama administration’s healthcare reform law are out of luck. At least one of the suits–the one filed by Virginia–will take longer to resolve. According to U.S. District Court Judge Henry E. Hudson, he will rule on whether the affordable health insurance mandate provision is constitutional on January 1st.

If Hudson determines that the state’s Attorney General Ken Cuccinelli II has a case for the federal government overstepping its boundaries, the challenge will be one step closer to the Supreme Court. Since Virginia has its own specific law forbidding anyone from mandating that its residents purchase health insurance, it filed a lawsuit separate from the class action joined by over 20 states.

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Virginia Health Insurance Company Abandons Patients

Wednesday, June 30th, 2010

Individuals in one state now have one less option for health care. UniCare has decided to pull out of the Virginia health insurance market, due to competitive pressure from larger insurers.

Some of their nearly 3,000 patients are eligible to switch to Anthem Blue Cross Blue Shield, but others don’t live in Anthem’s coverage area. They will need to search for new health insurance coverage by January 1st, when UniCare’s plans will expire.

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Virginia Health Insurance Lawsuit Hearing Scheduled

Friday, June 4th, 2010

July 1st is the date: that’s when Virginia’s attorney general has to present his opposition to the individual and employer mandate created by healthcare reform to the court.

The state already has a law protecting its residents against being penalized for not buying Virginia health insurance

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Obama Administration Wants VA Healthcare Reform Lawsuit Dismissed

Tuesday, May 25th, 2010

Image: BAR Photography under CC 3.0

Yesterday, Department of Justice Lawyers requested that a federal judge dismiss the state of Virginia’s lawsuit against healthcare reform.

Shortly before the federal legislation passed, Virginia passed a state law that forbids any entity from mandating that its residents purchase a health insurance plan. Its attorney general then filed a lawsuit on the grounds that the individual mandate that is at the center of the Obama administration’s reform efforts is an unconstitutional overreach on the part of the federal government, therefore violating the 10th Amendment. Secretary of Health and Human Services Kathleen Sebelius said in the government’s motion that the Commerce Clause allowed them the power to regulate this issue, and that striking down the provision would virtually cancel out the law’s attempt to control costs while simultaneously expanding coverage.

The judge is still mulling over both sides’ arguments. Whether or not this particular Virginia health insurance mandate lawsuit continues, there is still the one from 20 other states to deal with.

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States May Pass Laws to Stop Health Insurance Mandate

Friday, March 12th, 2010

(Image: Mr. T in DC under CC 3.0)

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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