ACA Ruled Unconstitutional, But It's Status Quo For Employers-For Now

An estimated 52 million Americans have pre-existing health conditions that insurers could've denied coverage to under pre-ACA rules in most states, the Foundation says.

It's unlikely that a split Congress could reach consensus on reforming USA health care, the report said.

Schumer, the Senate minority leader, said Sunday that he is going to renew an effort to force a vote on getting the chamber to go to court in defense of the health care law.

Judge strikes down entire health care law... "It is a proper role for the states".

In a social media posting Saturday afternoon, Obama reminded people that Saturday was the final day to enroll in Obamacare coverage.

The Republicans' repeated attacks on the laws-including their repeal attempt which resulted in a nationwide outcry, with the disability rights group ADAPT leading hundreds of Americans in protests on Capitol Hill-may bring Democrats closer to an opportunity to push through a Medicare for All bill. Insurance premiums skyrocketed, and critics blame the Affordable Care Act for out-of-control costs and added bureaucratic red tape.

Timothy Jost, a health law expert and emeritus professor at Washington and Lee University School of Law in Virginia, said it was "silly" and "irresponsible" for O'Connor to find that the individual mandate could not be separated from the rest of the ACA. "In the short run, this decision will be stayed pending appeals". A court injunction of some kind to temporarily forestall the administrative dismantling of the Affordable Care Act pending those appeals seems likely. Many legal analysts disagree with O'Connor's ruling and predict that higher courts will reject his reasoning.

The head of the federal Centers for Medicare and Medicaid Services (CMS), which oversees the Affordable Care Act, said there were no changes and exchanges were open for business.

Henneke outlined the Affordable Care Act's journey through the courts.

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On Friday, O'Connor ruled that after the enactment past year by Trump of a landmark tax bill, the ACA's individual mandate requiring most Americans to obtain health insurance or pay a tax could no longer be considered constitutional. Chief Justice John Roberts surprised many by voting to uphold the law, leading to a 5-4 vote in favor. In 2017, Congress effectively rendered the mandate a legal nullity by reducing the tax penalty for not purchasing insurance to zero effective 2019.

If the court were to overturn the law, it would leave the Trump administration and a divided Congress in a remarkably hard situation - scrambling to come up with an alternative that has eluded the law's critics in Washington ever since its passage in 2010.

He said because the individual mandate was an "essential" part of Obamacare, the entire law, rather than just the individual mandate, was unconstitutional.

Essentially, without the mandate - Obamacare can not stand.

The Supreme Court upheld ObamaCare's individual mandate requiring individuals to purchase health insurance in 2012. The Republican-led Congress a year ago eliminated a penalty that the ACA levied on people who opted not to obtain insurance.

"Today's ruling halts an unconstitutional exertion of federal power over the American healthcare system", he said.

"So all of that should start now and all of that can be happening now while litigation proceeds". If upheld on appeal, the decision could deprive an estimated 17 million Americans of their health insurance - including millions who gained coverage through the law's expansion of Medicaid. Trump tweeted. "Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions".

Still, Democratic Rep. Nancy Pelosi, who is expected to become House speaker in January, vowed to fight what she called an "absurd ruling".

"Wow, but not surprisingly, ObamaCare was just ruled UNCONSTITUTIONAL by a highly respected judge in Texas".

(Copyright © 2015. All Rights Reserved.)
 
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