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:6/25/2016)... ... 2016 , ... The temporary closing of Bruton Memorial Library on June 21 due to a ... new, often overlooked aspect of head lice: the parasite’s ability to live away from a ... occurrence, but a necessary one in the event that lice have simply gotten out of ...
(Date:6/25/2016)... ... 25, 2016 , ... Dr. Calvin Johnson has dedicated his ... implemented orthobiologic procedures as a method for treating his patients. The procedure is ... to perform the treatment. Orthobiologics are substances that orthopaedic surgeons use to help ...
(Date:6/24/2016)... ... June 24, 2016 , ... Those who have experienced traumatic events ... turn to unhealthy avenues, such as drug or alcohol abuse, as a coping mechanism. ... tools for healthy coping following a traumatic event. , Trauma sufferers tend to feel ...
(Date:6/24/2016)... MIAMI, Fla. (PRWEB) , ... June 24, 2016 , ... ... Florida Trend magazine’s 2016 Legal Elite. The attorneys chosen by their peers for this ... of Florida. , Seven Greenberg Traurig Shareholders received special honors as members of this ...
(Date:6/24/2016)... Plano, TX (PRWEB) , ... June 24, 2016 , ... ... taking part in Genome magazine’s Code Talker Award, an essay contest in which patients ... for an award to be presented at the 2016 National Society of Genetic Counselors ...
Breaking Medicine News(10 mins):
(Date:6/24/2016)... 24, 2016   Bay Area Lyme Foundation ... Dean Center for Tick Borne Illness , Harvard ... MIT Hacking Medicine, University of California, Berkeley, and ... the five finalists of Lyme Innovation , ... than 100 scientists, clinicians, researchers, entrepreneurs, and investors ...
(Date:6/24/2016)... ALEXANDRIA, Va. , June 24, 2016 ... a set of recommendations that would allow ... information (HCEI) with entities that make formulary and coverage ... determine the "value" of new medicines. The ... that does not appear on the drug label, a ...
(Date:6/24/2016)... Research and Markets has announced the addition of the ... to their offering. ... World Market for Companion Diagnostics covers the world market for ... report includes the following: , World IVD ... (N. America, EU, ROW), 2015-2020 , World IVD Companion ...
Breaking Medicine Technology: