Tuesday, June 26, 2012

Supreme Court To Decide Fate Of Obamacare This Week

As the world awaits the U.S. Supreme Court's Thursday decision, some openly question the timing of the decision.  U.S. Department of Health and Human Services v. Florida decision will be announced on Thursday; however, some are reducing the significance of the decision to "just another right wing attack on President Obama." But when the justices rule, the decision affects everyone and may change the lives of tens of millions of Americans.  The Patient Protection and Affordable Care Act (Obamacare) became law two years ago.  It is short of a total solution to the nation's health care problems, but is it an improvement over what existed 2 years ago with the hope of more benefits to follow?

Consider that the law has implemented the following changes:

•Ban on "lifetime limits" on the amount of benefits an insured person can collect.

•Insurers must justify decisions to increase insurance premiums.

•50,000 children age 18 and under have been able to obtain coverage despite pre-existing conditions.

•Millions of women now receive mammograms with no deductibles or copays.

•2.5 million children are now able to stay on their parents' health insurance policies until age 25.

•5.1 million seniors receive discounts on prescription drugs reducing the Medicare Part D "doughnut hole."

Yet the Rasmussen Report poll demonstrates that a majority of Americans feel they've haven't benefited at all from Obamacare.  Furthermore, twice as many voters say they've been hurt by the law as those who say they've been helped.   26% of voters polled claimed higher health insurance premiums, and layoffs from employers unable to afford insurance.  Only 13% who say they've been helped by the new law.  However, many of the law's biggest benefits haven't taken effect yet. If Obamacare survives, it won't be until 2014 when the following benefits accrue:

•Prohibition on denying coverage for pre-existing conditions.

•Prohibition on capping the annual amount that will be paid out on a patient's claims.

•Requiring insurers to cover the cost of experimental treatments.

•Tax credits for "low-income" consumers -- $43,000 annual income for an individual, or $88,000 for a family of four.

•Creation of a competitive market for insurance plans (insurance exchanges.)

•Health-care tax credits for small businesses.

•"Individual mandate" -- a requirement that everyone in America either buy a health insurance or pay a penalty. This is the most controversial of the provisions. The court must first decide whether health care is part of "interstate commerce." And second, it must decide whether Congress can use the Constitution's Commerce Clause to require Americans to buy insurance.  If the court finds in the negative on either point, then the individual mandate goes away.  The insurance industry will be saddled with a host of expensive benefits it must provide, but not enough money to pay for them. Insurance rates will drastically increase.

Our Supreme Court might end Obamacare this week.  But to some extent, health-care providers have already instituted new consumer protections to health plans and altered the mechanism for medical providers to get paid.  On the other hand, just watch how high the insurance companies jump for joy if Obamacare is declared unconstitutional. Then ask yourself, just why are the insurers so happy?

Update June 28, 2012:  Did you see the insurance companies dancing in the street?  No, that tells you how the Supreme Court ruled that the individual health insurance mandate is constitutional.  The Supreme Court upheld the central provision of President Barack Obama's signature Affordable Care Act.  Chief Justice John Roberts' controlling opinion upheld the mandate as a tax, although concluded it was not valid as an exercise of Congress' commerce clause power. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan concurred. The majority concluded that the mandate, which requires virtually all Americans to obtain minimum health insurance coverage or pay a penalty, falls within Congress' power under the Constitution to "lay and collect taxes."


Chief Justice Roberts wrote: "The individual mandate cannot be upheld as an exercise of Congress's power under the Commerce Clause. That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it. In this case, however, it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance. Such legislation is within Congress's power to tax."  However, on Medicaid expansion, the court upheld the expansion with a caveat that the federal government may not threaten the states that don't comply with the loss of their existing funding. Justice Ginsburg, wrote a separate opinion for the four democrat justices which indicates that they would have upheld the mandate under the commerce clause too. "Unlike the market for almost any other product or service, the market for medical care is one in which all individuals inevitably participate... Virtually every person residing in the United States, sooner or later, will visit a doctor or other health care professional."

The National Federation of Independent Business v. Sebelius follows the six hours of heated oral arguments held over three days in March. Chief Justice Roberts joined four Democratic appointees in a bipartisan upholding of the law. However, you can bet that GOP candidates and incumbents will focus the 2012 campaign upon repealing the law.

Update 7-3-13: The government will not require employers to provide health insurance for their workers until 2015, delaying a key provision of Obamacare by a year. At issue: Complex (and fairly recently introduced) rules and reporting requirements for businesses. Retailers and restaurateurs would have been effected the most by the mandate. AP On Changes.




10 comments:

Anonymous said...

Insurers don't like it because it reduces their profits.

Anonymous said...

BINGO!

Anonymous said...

Seems either way the common folk get hosed.

Video Guy said...

Before we were forced to buy auto insurance here is Illinois the rates were competitive. I paid a very small fee for extra uninsured motorist coverage to insure myself against an uninsured motorist bumping into me…it was fair. One of the arguments for mandatory auto insurance here was that it would cause relief for people like me since all would be insured…similar to the individual mandate argument we have now with health care.
Well guess what, the uninsured motorist fee did not go away and is now forced upon us at a higher rate. The argument, this is incase an out of state uninsured motorist hits me.
Also, after hurricane Katrina hit New Orleans my auto insurance went up $100, no tickets or accidents or claims of any sort on my behalf. When I called to ask why the increase, I was ignored. Apparently rates went up across the board to cover my provider’s losses in New Orleans…extortion. Shopping for a new provider was a nightmare since all know we must have the insurance, the prices were all over the place. I had one provider give me a quote over the phone than double it by the time I arrived at their office.
Than, my old provider kept on billing me after I dropped them and began to harass me by phone for the unearned cash. I called Springfield after telling my harassers to “Fucken sue me”. After finally finding the right agency the person there told me the complaints were piled up to the ceiling and not enough staff to work them all. He talked me out of filing a complaint by saying he would call my provider, and apparently he did since they stopped their harassment.

I see this same problem with the individual mandate, they need to find another way since we will get fucked over with this too. I feel this is taxation without representation designed to enrich the few at the cost of the many.

As for health care for profit…I have a whole article I could write about this failing. A blogger I followed from Canada told me our politicians were lying to us about their health care, it works great! and free.

Anonymous said...

What video guy said about Canada

Legal Pub said...

Update June 28, 2012: Did you see the insurance companies dancing in the street? No, that tells you how the Supreme Court ruled that the individual health insurance mandate is constitutional. The Supreme Court upheld the central provision of President Barack Obama's signature Affordable Care Act. Chief Justice John Roberts' controlling opinion upheld the mandate as a tax, although concluded it was not valid as an exercise of Congress' commerce clause power. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan concurred. The majority concluded that the mandate, which requires virtually all Americans to obtain minimum health insurance coverage or pay a penalty, falls within Congress' power under the Constitution to "lay and collect taxes."


Chief Justice Roberts wrote: "The individual mandate cannot be upheld as an exercise of Congress's power under the Commerce Clause. That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it. In this case, however, it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance. Such legislation is within Congress's power to tax." However, on Medicaid expansion, the court upheld the expansion with a caveat that the federal government may not threaten the states that don't comply with the loss of their existing funding. Justice Ginsburg, wrote a separate opinion for the four democrat justices which indicates that they would have upheld the mandate under the commerce clause too. "Unlike the market for almost any other product or service, the market for medical care is one in which all individuals inevitably participate... Virtually every person residing in the United States, sooner or later, will visit a doctor or other health care professional."






The National Federation of Independent Business v. Sebelius follows the six hours of heated oral arguments held over three days in March. Chief Justice Roberts joined four Democratic appointees in a bipartisan upholding of the law. However, you can bet that GOP candidates and incumbents will focus the 2012 campaign upon repealing the law.

Video Guy said...

Because this individual mandate will be abused eventually by the insurance companies. The coverage will be less and less as the mandatory rates go up and probably deductions written in like auto ins, one will still have to buy extra coverage for a decent plan. It will be something like, the individual mandate will only cover 3 Dr visits and the rest you’ll have to pay out of pocket or purchase extra insurance. The individual mandate will amount to free money for them enforced by the police…extortion. They have lobbyists working on this already, to water down the coverage. Than they will under staff the Committees that will oversee any abuse by the insurance companies as with auto ins…same old corruption to enrich a selected few.

there has to be a better way.

Anonymous said...

It seems to me that I recall President Obama stating "No new taxes" and Justice Roberts states this is a tax. Remember Pres. Bush famous saying "Read my lips" Will this rnd the saame.

Anonymous said...

It seems to me that I recall President Obama stating "No new taxes" and Justice Roberts states this is a tax. Remember Pres. Bush famous saying "Read my lips" Will this end the same.

Legal eagle 7 said...

To be fair, neither republicans or democrats argued it was a tax. So kind of unfair o call it a new tax by Obama just because Justice Roberts decided it was a tax.