The random political thoughts thread (Part Deux)

Alex · 12-13-2010, 02:08 PM

Without a mandate it doesn't work at all. Since if insurer's can't reject for prior conditions, and there are price controls, then the lack of a mandate means the smart thing to do is just wait until you get sick and then go buy insurance.

Personally, I'd say the best way to handle this constitutional issue (if it remains one, a district court judge isn't going to be the final say by a long shot and undoing this law could be difficult without the court undoing a lot of settled law around the commerce clause) is:

Option A
You make buying health insurance optional with all the existing provisions for subsidy and whatnot. And you say "and hospitals will no longer receive any federal reimbursement for care provided to uninsured individuals. It is legal to let these people die in your parking lot since they chose to not get insurance."

Option B
If it is indeed constitutional for states to have a mandate (and is there any challenge still standing to the constitutionality of Massachusetts mandate)? Then the federal government sets up the framework and runs it through states where getting any piece of the federal healthcare pie requires the state to have local mandates. Then all those government who insisted they didn't want federal money anyway can put their money where their mouths are.

12-13-2010, 02:08 PM	#11
Alex . Join Date: Feb 2005 Posts: 13,354	Without a mandate it doesn't work at all. Since if insurer's can't reject for prior conditions, and there are price controls, then the lack of a mandate means the smart thing to do is just wait until you get sick and then go buy insurance. Personally, I'd say the best way to handle this constitutional issue (if it remains one, a district court judge isn't going to be the final say by a long shot and undoing this law could be difficult without the court undoing a lot of settled law around the commerce clause) is: Option A You make buying health insurance optional with all the existing provisions for subsidy and whatnot. And you say "and hospitals will no longer receive any federal reimbursement for care provided to uninsured individuals. It is legal to let these people die in your parking lot since they chose to not get insurance." Option B If it is indeed constitutional for states to have a mandate (and is there any challenge still standing to the constitutionality of Massachusetts mandate)? Then the federal government sets up the framework and runs it through states where getting any piece of the federal healthcare pie requires the state to have local mandates. Then all those government who insisted they didn't want federal money anyway can put their money where their mouths are.
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