Navigation Links
Legal analysis: The health insurance mandate is constitutional
Date:9/14/2010

(Garrison, NY) The most politically charged feature of the health reform law is the mandate that legal residents have health insurance. Within weeks of the law's passage, twenty states had filed lawsuits charging that the mandate is unconstitutional because it gives the federal government more power than it actually has. The state lawsuits are widely expected to reach the Supreme Court next year. Legal scholar Lawrence O. Gostin writes that the health insurance mandate rests on firm legal ground.

Under the mandate, which goes into effect in 2014, the federal government can levy a tax penalty on most individuals who do not have health insurance. "The pivotal constitutional concern is that the government will penalize individuals for failing to buy health insurance for 'doing nothing,'" writes Gostin in the Hastings Center Report. Gostin is the Linda D. and Timothy J. O'Neill Professor of Global Health Law and Faculty Director of the O'Neil Institute for National and Global Health Law at Georgetown University Law Center.

Citing federal powers that apply to the health insurance mandate the power to regulate interstate commerce and the power to tax Gostin argues that the health insurance mandate is constitutional.

The power to regulate interstate commerce is relevant, he writes, because health care professionals, medications, medical equipment, and insurance claims routinely move across state lines. The federal government's power to tax is also relevant because the mandate is to be enforced through a federal tax, which will generate revenues to help support health care reform.

"The act's tax penalty is clearly constitutional because it helps pay the costs of reform (such as Medicaid expansion, health insurance subsidies, and state insurance exchanges) and corrects market failures (such as preexisting condition exclusions)," Gostin writes. "The mandate, therefore, is essential for expanding access the raison d'tre of health care reform."


'/>"/>

Contact: Michael Turton
turtonm@thehastingscenter.org
845-424-4040 x242
The Hastings Center
Source:Eurekalert

Related medicine news :

1. South Carolina Attorney Says Legal Options Still Available To Those Harmed By Chantix
2. Personal Injury Attorney David Perecman Explains the Possible Legal Consequences of Fatal 911 Operator Error in New York
3. Morgan and Morgan Announces Release of New Women's Legal Resource Center
4. Landmark Legal Foundation to File Suit to Stop Presidents Health Plan if Slaughter Rule is Used
5. Schwartzapfel Truhowsky Marcus P.C. Launches Special Legal Aid To The Victims of Medical Negligence And Occupational Injuries
6. doeLegal Penetrates New Markets With doeBilling Solution
7. doeLegal Delivers Real-Time Analytics for Immediate Electronic Billing Control
8. KEL Attorneys is Assisting Victims of the Deepwater Horizon Oil Spill by Filling Legal Claims on Their Behalf
9. Martin & Jones Announces Class Action Lawsuit Against Major Employer, Claims Thousands of Visiting Nurses Illegally Denied Overtime Pay
10. doeLegal and Zapproved Sign Alliance to Add Legal Hold Pro to Suite of Powerful Online Legal Solutions
11. FDA to Take Up Major Enforcement Action Against Cosmetics Manufacturers With Illegal “Anti-Aging” Labeling Claims, According to FDAImports.com, LLC
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:10/13/2017)... ... October 13, 2017 , ... ... communities in the greater Dallas, Miami, and Raleigh regions, is organizing an extended ... overcome a rare and deadly chromosome abnormality. , After struggling since birth with ...
(Date:10/13/2017)... ... October 13, 2017 , ... The ... to promote standards of excellence for the field of eating disorders, announces the ... – 25, 2018 in Orlando, Florida at the Omni Resort at ChampionsGate. ...
(Date:10/13/2017)... SAN LUIS OBISPO, Calif. (PRWEB) , ... October 13, 2017 , ... ... with Alzheimer’s or dementia. However, many long-term care insurance companies have a waiver for ... mean is the 90-day elimination period, when the family pays for care, is often ...
(Date:10/13/2017)... (PRWEB) , ... October 13, 2017 , ... ... will be giving viewers the lowdown on sciatica in a new episode of ... that focuses on current events and innovation and investigates each subject in-depth with ...
(Date:10/12/2017)... San Francisco, CA (PRWEB) , ... October 12, ... ... and Dr. Cheng, are now treating sleep apnea using cutting-edge Oventus ... sleep apnea, a serious sleep disorder characterized by frequent cessation in breathing. Oral ...
Breaking Medicine News(10 mins):
(Date:10/12/2017)... 12, 2017 West Pharmaceutical Services, Inc. ... for injectable drug administration, today announced that it will ... on Thursday, October 26, 2017, and will follow with ... expectations at 9:00 a.m. Eastern Time. To participate on ... The conference ID is 94093362. ...
(Date:10/11/2017)...  Caris Life Sciences ® , a leading innovator ... precision medicine, today announced that St. Jude Medical Center,s ... (POA) as its 17 th member. Through participation ... Cancer Institute will help develop standards of care and ... making cancer treatment more precise and effective. ...
(Date:10/11/2017)... Holdings, Inc. ("Hill-Rom") (NYSE: HRC), today provided an update ... Puerto Rico , where the company manufactures ... Following a comprehensive onsite assessment, the ... temporary loss of power and minimal water damage due ... have resumed, and the company expects to return to ...
Breaking Medicine Technology: