Posts Tagged Medicaid

Reflections on Medicare from the National Academy of Social Insurance

English:

English: (Photo credit: Wikipedia)

Here is a document that I commonly refer to that was created by the NATIONAL ACADEMY of SOCIAL INSURANCE: you will NOTE this is NOT a republican or democrat document, members of the panel are from all parts of this spectrum and political arena, it’s contributors and panelists are the who’s who in the academia, insurance, and medical world. From Yale to Johns Hopkins to Princeton, Chicago, Wellpointe and more. This document called “Reflections on Medicare” was published in 2001 and it also includes / recounts the transcription of a discussion made in 1992 with Robert M Ball (Commissioner of Social Security from 1962-1973) & Arthur E. Hess (Director of Health Insurance 1965-1967) … (the years when Medicare was passed and rolled out) … in which on page 17 of this PDF document or page 3 of the conversation, you will find a very interesting commentary about the creation of Medicare Part B and the unintended impact on our entire health care system …. basically it says that Part B (outpatient services part of medicare) was literally created overnight as an afterthought as part of a ways & means committee with NO actuarial studies of the impact that it would have on the delivery of healthcare, this one action was the single most important shift into the change of our entire healthcare system and the delivery of services and how they are paid. This is the exact kind of rash, impulsive, foolish “leadership” like Pelosi stating that we need to “pass the bill so we can see what’s in it.” not realizing that there is far more at stake that impacts not only our healthcare system, but a systemic impact and overflow directly into our entire nations economy. I DARE YOU TO READ THIS https://catalistconsulting.box.com/shared/static/d455890f38020866b467.pdf

 

 

US residents with employer-based private healt...

US residents with employer-based private health insurance, with self insurance, with Medicare or Medicaid or military health care and uninsured in Million; U.S. Census bureau: Income, Poverty, and Health Insurance Coverage in the United States: 2007 (Photo credit: Wikipedia)

 

 

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Health Reform (ACA) is Upheld by Supreme Court

Today, the Supreme Court issued an opinion related to health care reform. A divided Supreme Court upheld the constitutionality of the Obama administration’s health-care law. The court said Congress was acting within its powers under the Constitution when it required most Americans to carry health insurance or pay a tax. Chief Justice Roberts’ vote saved the ACA.

The Affordable Care Act, including its individual mandate that virtually all Americans buy health insurance, is constitutional. There were not five votes to uphold it on the ground that Congress could use its power to regulate commerce between the states to require everyone to buy health insurance. However, five Justices agreed that the penalty that someone must pay if he refuses to buy insurance is a kind of tax that Congress can impose using its taxing power. That is all that matters. Because the mandate survives, the Court did not need to decide what other parts of the statute were constitutional, except for a provision that required states to comply with new eligibility requirements for Medicaid or risk losing their funding. On that question, the Court held that the provision is constitutional as long as states would only lose new funds if they didn’t comply with the new requirements, rather than all of their funding.

The bottom line is that the entire ACA is upheld, with the exception that the federal government’s power to terminate states’ Medicaid funds is limited.

Please see below for a detailed overview of each opinion.

health reform supreme court ruling

  1. The individual mandate survives as a tax. The only effect of not complying with the mandate is that you pay the tax. The Court holds that the mandate violates the Commerce Clause, but that doesn’t matter b/c there are five votes for the mandate to be constitutional under the taxing power. The Court holds that the Anti-Injunction Act doesn’t apply because the label “tax” is not controlling.
  2. The Medicaid provision is limited, but not invalidated.  A majority of the Court holds that the Medicaid expansion is constitutional but that it will be unconstitutional for the federal government to withhold Medicaid funds for non-compliance with the expansion provisions. Another way to think about Medicaid is that the Constitution requires that states have a choice about whether to participate in the expansion of eligibility; if they decide not to, they can continue to receive funds for the rest of the program.

Click here to read the official opinion.

 

Original Posted by Rick Lindquist on Thu, Jun 28, 2012 @ 09:15 AM

at: http://www.zanebenefits.com/blog/bid/178522/Health-Reform-ACA-is-Upheld-by-Supreme-Court?source=Blog_Email_[Supreme%20Court%20Rules%20]

 

From the beginning of the Chief’s opinion: “We do not consider whether the Act embodies sound policies. That judgment is entrusted to the Nation’s elected leaders. We ask only whether Congress has the power under the Constitution to enact the challenged provisions.”
Posted @ Thursday, June 28, 2012 10:03 AM by Rick Lindquist

 

English: The United States Supreme Court, the ...

English: The United States Supreme Court, the highest court in the United States, in 2010. Top row (left to right): Associate Justice Sonia Sotomayor, Associate Justice Stephen G. Breyer, Associate Justice Samuel A. Alito, and Associate Justice Elena Kagan. Bottom row (left to right): Associate Justice Clarence Thomas, Associate Justice Antonin Scalia, Chief Justice John G. Roberts, Associate Justice Anthony Kennedy, and Associate Justice Ruth Bader Ginsburg. (Photo credit: Wikipedia)

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