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Health Care Challenge Could Prevail
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Health Care Challenge Could Prevail
By: Health Insurance
Posted: Nov 08, 2010
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When 21 states and several private groups initiated lawsuits challenging the constitutionality of the Obama health care law earlier this year, critics denounced the suits as frivolous political grandstanding. But it is increasingly clear that the plaintiffs have a serious case with a real chance of victory. Easy To Insure ME has the answers
The suits focus primarily on challenges to the new law’s “individual mandate,” which requires most American citizens to purchase a government-approved health insurance plan by 2014 or pay a fine. One of the cases was filed by 20 state governments and the National Federation of Independent Business in a federal court in Florida. Another was initiated by the Commonwealth of Virginia in a federal court in this state, and a third by the Thomas More Law Center in Michigan.
The judges considering the Florida and Virginia cases have both issued rulings rejecting the federal government’s motions to dismiss the suits and indicating that the mandate can’t be upheld based on current Supreme Court precedent. By contrast, Michigan district Judge George Caram Steeh wrote a decision concluding that the mandate is constitutional. But even he agreed that the case raises an “issue of first impression.”
In the most recent of the three rulings, Florida federal District Court Judge Roger Vinson wrote that the government’s claim that the mandate is clearly authorized by existing Supreme Court precedent is “not even a close call.” He points out that “[t]he power that the individual mandate seeks to harness is simply without prior precedent,” because no previous Supreme Court decision ever authorized Congress to force ordinary citizens to buy products they did not want.
An August ruling in the Virginia case by federal District Judge Henry Hudson reached the same conclusion. As Judge Hudson points out, “[n]o reported case from any federal appellate court” has ever ruled that Congress’ powers “include the regulation of a person’s decision not to purchase a product.”
The federal government claims that Congress has the power to impose the mandate under the Commerce Clause, the Necessary and Proper Clause, and the Tax Clause of the Constitution. On the first two claims, Judge Vinson ruled that Supreme Court precedent doesn’t clearly support the government, thereby enabling the plaintiffs’ lawsuit to go forward. He outright rejected the government’s claim that the mandate is constitutional because it is a “tax.” It is instead a financial penalty for refusing to comply with a federal regulation. As Judge Vinson pointed out, congressional leaders consistently emphasized before the law’s enactment that it was not a tax.
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In September 2009, President Obama himself noted that “for us to say that you’ve got to take a responsibility to get health insurance is absolutely not a tax increase.” He was right. If the mandate qualifies as a tax merely because it punishes violators with a fine, then Congress could require Americans to do almost anything on pain of having to pay a fine if they refuse. It could, for example, force citizens to buy virtually any product, such as purchasing General Motors cars for the purpose of helping the struggling auto industry.
The government’s Commerce Clause argument is equally dubious. The Clause gives Congress authority to regulate “Commerce . . . among the several states.” But the individual mandate regulates that which is neither commercial nor interstate.
Virtually all purchases of health insurance are intrastate because a combination of state and federal law makes it illegal to purchase health insurance across state lines. Moreover, the object of the mandate isn’t even commerce at all. Instead of regulating pre-existing commerce, the bill forces people to engage in commercial transactions they would have otherwise avoided.
A series of flawed Supreme Court decisions have expanded Congress’ Commerce Clause authority well beyond what the text of the Constitution permits. These rulings allow the federal government to regulate almost any “economic activ ity.” But, as Judge Vinson emphasized, even they do not give Congress the power to regulate people “based solely on citizenship and on being alive.” Far from engaging in “economic activity,” people who decide not to purchase health insurance are actually refraining from doing so.
In his decision in the Michigan case, Judge Steeh argued that the mandate is constitutional under the Commerce Clause because deciding not to purchase health insurance is an “economic decision.”
“Economic decisions,” he reasoned, include decisions not to engage in economic activity. This approach would allow the Commerce Clause to cover virtually any choice of any kind. Any decision to do anything is necessarily a decision not to use the same time and effort to engage in “economic activity.”
If I choose to spend an hour sleeping, I necessarily choose not to spend that time working or buying products. Under Judge Steeh’s logic, the Commerce Clause authorizes Congress to force workers to get up earlier in the morning so that they would spend more time on the job.
Some defenders of the law claim that the individual mandate is similar to federal laws banning racial discrimination against customers by businesses such as motels and restaurants. But federal antidiscrimination laws apply only to existing businesses already engaged in commercial activity in the regulated industry. By contrast, uninsured individuals are not businesses and, by definition, are not participating in the insurance industry.
The federal government also argues that the mandate is authorized by the Necessary and Proper Clause, which gives Congress the power to “make all Laws which shall be necessary and proper for carrying into Execution” other powers Congress is granted by the Constitution.
Even if the mandate is “necessary,” it is not “proper” under our constitutional system of limited federal authority. If the Clause allows Congress to adopt the individual mandate, the same logic would justify almost any other requirement Congress might impose on individuals, thereby gutting the principle of limited federal power.
The legal battle over the mandate is far from over. The Florida and Virginia rulings are not final decisions. Both cases, as well as the Michigan decision, are sure to be appealed to the federal courts of appeals and, ultimately, the Supreme Court.
The anti-mandate plaintiffs still face an uphill struggle. Courts are rarely willing to strike down a law that is a centerpiece of the political agenda of the president and his party. Nonetheless, it is increasingly clear that lawsuits are far from “frivolous” and have a real chance to prevail.
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How Canceling Kidscare Could Hurt Az Public Health
How Canceling Kidscare Could Hurt Az Public Health
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Home Page > Finance > Insurance > How Canceling Kidscare Could Hurt Az Public Health
How Canceling Kidscare Could Hurt Az Public Health
Posted: Feb 01, 2010 |Comments: 0
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Public health advocates are warning about the consequences of a plan to eliminate funding for Arizona’s KidsCare, the state health program covering 47,000 children of the working poor. Gov. Jan Brewer proposed the move to deal with Arizona’s -billion budget deficit. Critics argue uninsured low-income families would then have only two options: take their children to overwhelmed community clinics or to hospital emergency rooms.
Among the other programs facing cuts is Arizona Health Care Cost Containment System (AHCCCS) Administration, Arizona’s Medicaid agency. Tara Plese, director of government and media relations for the Arizona Association of Community Health Care Centers, says that means several clinics around the state may have to close for lack of revenue.
“It wouldn’t be in all communities, and it may just be that some of the services that some of these clinics now provide like dentistry or pharmacy, would be the first cut.”
If parents have no other health care option for their children except emergency rooms, Plese says everyone who does have insurance will pick up the tab as costs are passed on through higher prices.
Like community health centers, emergency rooms are required by federal law to treat everyone regardless of ability to pay. But, she says the costs must still be covered somehow.
“With the hospitals, when you get all the uncompensated care coming through your ER, then you are going to have to find some way to make up for that cost, and it’s going to go back on the commercial insurers.”
The public’s health will also suffer if thousands of kids, especially six-to-nine year-olds, are left without coverage, she adds.
“That’s an age where they’re getting another set of immunizations, they’re more prone to being sick because they’re in school, they’re getting sick, other children are getting sick, and it’s a time when they probably visit doctors with more frequency.”
Arizona’s KidsCare program began in 1998, at a time when many employers were either dropping employee health coverage or sharply boosting premiums. State dollars for Kidscare are matched three-to-one by the federal government.
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Why Health Care Reform Could Leave Us All Worse Off
Why Health Care Reform Could Leave Us All Worse Off
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Home Page > News and Society > Politics > Why Health Care Reform Could Leave Us All Worse Off
Why Health Care Reform Could Leave Us All Worse Off
Posted: Jan 19, 2010 |Comments: 0
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Why Health Care Reform Could Leave Us All Worse Off
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Article Source: http://www.articlesbase.com/ – Why Health Care Reform Could Leave Us All Worse Off
The health care reform bills being debated in Congress threaten to shut out millions of immigrants. But Congress’ exclusionary policies toward immigrants will not simply leave immigrants worse off. They will inevitably jeopardize the nation’s economy and the health of all of us.
President Obama has prioritized health care reform to ensure that millions of Americans have a fair, affordable and efficient health care system. For immigrants, this vision is far from a reality. First, the current health care reform bill treats legal immigrants unfairly. Individuals who have waited years to come to the United States will be required to wait years in order to obtain affordable health care.
Immigrants are generally younger and healthier than the U.S. population at large. However, no one is immune to falling ill or having an accident. The current health care bill would require recently arrived, legal immigrants to wait five years to obtain the only option for affordable health care coverage, Medicaid. While low-income citizens will have access to Medicaid, the most vulnerable among us will continue to wait for affordable health care despite the fact that they pay taxes for the very programs from which they are excluded. There is no sound reason for Congress to discriminate against these individuals and prevent them from receiving basic medical care.
Congress and the White House also took an unprecedented step to prohibit individuals from buying — with their own hard-earned money — an American good that could help their families. The Senate version of the health care bill forbids undocumented immigrants from purchasing private insurance at full cost in the newly created insurance marketplaces. As a result, undocumented immigrants as well as their family members, who are often U.S. citizens or legal immigrants, will likely remain uninsured and will be forced to seek care in the emergency room.
The costs of providing health care for undocumented immigrants will not disappear after passing health care reform. It is unlikely that millions of immigrants, whose contributions keep up our standard of living and our economy functioning, will be deported. Instead, the cost of care will become the financial responsibility of the patient, the provider, the local and state governments, and every single taxpayer. Moreover, in order to exclude a few, there will be additional forms, documents, and bureaucrats that the rest of us will be subjected to. Buying the mandated health insurance could feel like a trip to the Department of Motor Vehicles. Taxpayers will have to pay millions for this additional red tape and delay, all to keep a few people from buying health insurance with their own money.
Providers, employers, consumers, religious leaders, and state and local governments recognize that these policies are short-sighted and will cost all of us more in the long-run. Policies that attempt to exclude and ostracize immigrants also disproportionately harm all communities of color and immigrant-rich states like California and New York, further widening existing inequities in our nation. Yet because immigrants live in all 50 states, the intended and unintended consequences and costs of these restrictions will be far-reaching.
Ending discriminatory and exclusionary policies in this final round of negotiations is not only a matter of fundamental fairness and sound economics. It is required in order to not leave all of us worse off. Congress has a short window of opportunity to remove the restrictions on legal and undocumented immigrants in the health care reform bill. Doing so will not jeopardize the passage of the bill. Failing to doing so, however, will leave all of us, immigrant or not, worse off and wondering what happened to the promise of health care reform.
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Cosmetic Dentistry Nyc Could be the Reason Behind a Great Smile
Cosmetic Dentistry Nyc Could be the Reason Behind a Great Smile
A dazzling smile may have earned you number of compliments but it is a fact that most of us do not make an effort to ensure oral health care until and unless the need arises. A simple toothache can escalate to a major dental problem before you realize. It is this minor oversight that could be a leading reason for most of the dental problems. It is therefore essential to include a visit to the dentist in our regular scheme of things to preserve that smile. However, if a dental problem were to arise that makes you hide your smile in public, endure pain or causes bad breath, you still have hope. Cosmetic dentistry NYC provides you the much needed relief from dental problems of all kinds.
Any kind of ailment related to the tooth can be cured by a competent dentist using the help of cosmetic dentistry. Now broken or chipped teeth, discolored teeth, alignment problems or any other tooth related defect is rectifiable with the help of cosmetic dentistry. The best facilities and advance technology are easily available for Cosmetic dentistry NYC or any other state. The options offered under cosmetic dentistry could range from teeth whitening, bonding technology, use of braces both regular and invisalign, tooth contouring and so on. A skilled dentist could gift you a beautiful smile using various dental implants, composite or porcelain veneers, bridges, crowns and restorative procedures.
The added confidence that a winning smile gives you speaks volumes about the advantages of cosmetic dentistry. In a competitive world where looking good is considered as important as being intelligent, it makes good sense to employ every advantage at your disposal to achieve the best results. New York, besides many other places has a good number of people choosing cosmetic dentistry option to enhance their looks. Any dentist certified by the American Dental Association would do a competent job of cosmetic dentistry in New York. The numbers of people opting for such treatment are increasing greatly over the last many years. As cosmetic dentistry offers the option of correcting any dental defect that may be overshadowing your appearance, cosmetic dentistry NYC has many takers.
People sporting beautiful smiles have many takers such as the beauty pageants offering a special recognition for the woman with the ‘most beautiful smile’ and toothpaste companies vying with each other for the oral healthcare market. As cosmetic dentistry NYC uses procedures such as porcelain or composite veneers and invisible braces to enhance your appearance the phobia attached with a visit to the dentist is fast disappearing. It would not be easy to spot a person who has undergone a cosmetic dentistry treatment thereby further increasing the positive points in favor of cosmetic dentistry. Little do we realize the importance of our teeth till the time they are in perfect condition and the smile looks good. It’s only when the problems crop up in form of deformity or painful toothaches do we press the panic button.
Although cosmetic dentistry NYC is always an option for correcting any tooth related problems, it is always advisable to maintain some basic care with regard to your teeth. Follow a regular oral care routine to ensure you can preserve your winning smile for a much longer duration.
Brad Taylor has a special interest in health related topics and advises people on many aspects related to health. Among other health related topics, dentistry is one field that he is specially interest in in.To know more about Teeth whitening Manhattan,Cosmetic Dentistry NYC visit www.rubinsteindmd.com