Question

In: Economics

Several states challenge the Patient Protection and Affordable Care Act (2010) mandate to purchase health insurance....

Several states challenge the Patient Protection and Affordable Care Act (2010) mandate to purchase health insurance. These challenges were meet by a strong government response. In 2012, the US Supreme Court ruled in a 5 to 4 decision that the mandate to purchase was constitutional. From the second e-Activity review the option in the case and explain the Court's rationale for upholding the mandate.

Solutions

Expert Solution

It was upheld by the court that the ACA on the basis that the individual mandate penalty is a tax which is for the purpose of the Consitution's Taxing and Spending Clause and is a much valid exercise of Congressional authority.
But the ACA does not come under Congress' power to regulate commerce. The Commerce Clause which allows Congress to regulate existing commercial activity and not to compel individuals to take part in commerce.

A tax can’t be challenged until after it’s in effect in terms of technicality. By this reasoning Obamacare’s “repercussions” for people who turn down to buy health insurance couldn’t be challenged until after it’s in effect till 2014. As the Court made it clear that the penalty is a penalty and not a tax – in the healthcare law, thus deciding that the Anti-Injunction Act wasn’t applicable while they could go ahead to address the issues.
The rationale to upheld the act forms that the final issue is the level of scrutiny the court applies. So simply Commerce Clause cases are generally considered on a “rational review” basis: the court was going to upheld a law if a rational basis were in existence for concluding that the regulated activities, in aggregate, substantially affect interstate commerce as in the case Gonzales v. Raich, 2005; Heart of Atlanta Motel v. United States, 1964 . According to this standard, the individual mandate would with a great certainty be upheld if there was reasonable support for Congress’s judgment that failure to establish the individual mandate would greatly affect the interstate health care insurance market.


Related Solutions

The Patient Protection and Affordable Care Act The Patient Protection and Affordable Care Act ensured that...
The Patient Protection and Affordable Care Act The Patient Protection and Affordable Care Act ensured that all Americans have access to quality health care. The Affordable Care Act contains the following 10 titles: Title I. Quality, Affordable Health Care for All Americans Title II. The Role of Public Programs Title III. Improving the Quality and Efficiency of Health Care Title IV. Prevention of Chronic Disease and Improving Public Health Title V. Health Care Workforce Title VI. Transparency and Program Integrity...
Which of the following are goals of the Patient Protection and Affordable Care Act of 2010?...
Which of the following are goals of the Patient Protection and Affordable Care Act of 2010? Select all that apply. A. Expand access to those without health coverage B. Eliminate insurance companies C. Improve affordability to those who are already covered D. Slow the annual rise in health care costs while not adding to the federal budget deficit
The Patient Protection and Affordable Care Act (PPACA) was passed into legislation in March of 2010....
The Patient Protection and Affordable Care Act (PPACA) was passed into legislation in March of 2010. Identify the impact of this legislation on your nursing practice by choosing two key nursing provisions outlined in the topic material "Nursing and Health Reform." Discuss how these two provisions have impacted, or will impact, your current practice of nursing.
One of the main goals of the ACA (Patient Protection and Affordable Care Act of 2010,...
One of the main goals of the ACA (Patient Protection and Affordable Care Act of 2010, aka Obamacare) was to provide affordable health care to the uninsured. 1. What were the THREE primary pieces of the law that were meant to provide coverage for everyone (other than undocumented immigrants, who were not going to be covered)? 2. Which of these three pieces was not able to be fully enacted because of a Supreme Court case in 2012 (ruled unconstitutional) and...
The Patient Protection and Affordable Care Act of 2010 (ACA) and the Medicare Access and CHIP...
The Patient Protection and Affordable Care Act of 2010 (ACA) and the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) changed the way that healthcare providers are reimbursed in the United States. Both laws attempt to move from a volume-based reimbursement method to a quality-based reimbursement method. For this discussion forum, select one of the two laws and discuss some key points of how the law you selected has changed reimbursement. Consider discussing if we have seen improvements in...
9. The Patient Protection and Affordable Care Act of 2010 (ACA 2010) resulted from which of...
9. The Patient Protection and Affordable Care Act of 2010 (ACA 2010) resulted from which of the following? a. A large number of lawsuits that occurred from lack of quality healthcare. b. Several protests among the healthcare system that occurred in the late 20th century. c. Bills that were introduced in Congress in 1980 and 1990. d. A disproportionate number of long-term care facilities available for the older adults in need. 10. Which of the following will be necessary to...
At the same time the Affordable Care Act is popular with voters, the health insurance mandate...
At the same time the Affordable Care Act is popular with voters, the health insurance mandate was ended early in the Trump Administration. Are you optimistic or pessimistic about the future of the Affordable Care Act (now that the requirement for everyone to have health insurance has been eliminated)? Why or why not?
The Patient Protection and Affordable Care Act of 2010 otherwise known as Obama Care has been...
The Patient Protection and Affordable Care Act of 2010 otherwise known as Obama Care has been the center of debate among the government, policymakers, politicians, and health care providers over the past decade. For much of the last 4 years, the government has tried to repeal and replace Obama Care; however, they were unsuccessful in their attempts. There are currently modifications made to the initial Act. As a middle manager in the Health Care Industry, what type of attitude is...
The Patient Protection and Affordable Care Act of 2010 otherwise known as Obama Care has been...
The Patient Protection and Affordable Care Act of 2010 otherwise known as Obama Care has been the center of debate among the government, policymakers, politicians, and health care providers over the past decade. For much of the last 4 years, the government has tried to repeal and replace Obama Care; however, they were unsuccessful in their attempts. There are currently modifications made to the initial Act. As a middle manager in the Health Care Industry, what type of attitude is...
The Patient Protection and Affordable Care Act (ACA) of 2010, or healthcare reform has had a...
The Patient Protection and Affordable Care Act (ACA) of 2010, or healthcare reform has had a great impact on the lives of patients, healthcare providers and investors. briefly describe the main provisions of healthcare reform and its implications for the practice of healthcare finance. What are some features of the ACA that affect healthcare insurance and reimbursement?
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT