New Healthcare Law Mandate to Buy Medical Insurance- Is it Constitutional? « Health Insurance Advisory

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new healthcare reform lawThe new healthcare law, called the Patient Protection and Affordable Care Act (PPACA), represents comprehensive healthcare reform legislation signed into law on March 23, 2010. It contains numerous provisions designed to protect consumers and promote low cost medical insurance, including many new taxes to pay for the cost.

In this section of the site, you can also obtain the following information specific to your state: available medical insurance options, efforts to regulate medical insurance premiums, healthcare, the individual medical insurance marketplace and the new healthcare law.

Our objective is to help Americans make sense of the new healthcare law by explaining key provisions in plain English and assisting individuals, families and the self-employed in using this information to find and secure affordable medical insurance.

New Healthcare Law Mandate to Buy Medical Insurance- Is it Constitutional?

Author: Pete S - Sr. Staff Writer | Sep 12 2011 | General Provisions - New Healthcare Law

Is the new healthcare law constitutional regarding the mandate that Americans purchase medical insurance or pay a fine? The Thomas More Law Center has filed a petition asking the Supreme Court to review a recent decision by the Sixth Circuit U.S. Court of Appeals that upheld the constitutionality of the Patient Protection and Affordable Care Act (PPACA).

The petition states: “Review is necessary to establish a meaningful limitation on congressional power under the Commerce Clause….If the Act (new healthcare law) is understood to fall within Congress’s Commerce Clause authority, the federal government will have absolute and unfettered power to create complex regulatory schemes to fix every perceived problem imaginable and to do so by ordering private citizens to engage in affirmative acts, under penalty of law….”

The petition specifically asks the Supreme Court to rule on the following questions:

1. Does Congress have authority under the Commerce Clause to require private citizens to purchase and maintain “minimum essential” medical insurance coverage under penalty of federal law?

2. Is the individual mandate provision (purchase medical insurance or pay a fine) of PPACA unconstitutional as applied to petitioners who are without a medical insurance plan?

A Thomas More Law Center press release notes that the Administration of President Barack Obama will now have 30 days to file a response, and the Law Center will have approximately ten days to file a reply. The case will then be submitted for a decision by the Justices as to whether the petition should be granted. The Law Center predicts that “if granted, the case will in all likelihood be briefed, argued, and decided in this upcoming term, with a decision rendered prior to the Court recessing next summer.”

If you need affordable medical and dental insurance for you or your family, we can help. Our online medical insurance quotes allow you to shop and compare a big selection of individual medical insurance plans from leading health insurance companies side by side, just like an insurance exchange. If you have pre existing conditions and need assistance finding medical insurance, we have identified several alternatives that you may be eligible for, including the new Pre Existing Condition Insurance Plan which was created by the new healthcare law. Get started today!

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