As reported by Healthcare Finance Magazine, Attorney General Jeff Sessions told announced in a June 7 letter to the House Speaker, the Department of Justice will not defend the constitutionality of the Affordable Care Act mandate for individuals to maintain essential health insurance coverage.
A lawsuit was brought to the U.S. District Court by 20 other states arguing that the ACA is unconstitutional and should be overturned because the Tax Cuts and Jobs Act which passed in December 2017 removed tax penalties against individuals who choose not to get insurance.
The budget bill amendment doesn’t officially go into effect until 2019, but Sessions agrees with the plaintiffs that without the mandate the ACA is null and void according to the supreme court decision in the 2012 National Federation of Independent Business vs. former Health and Human Services Director Kathleen Sebelius. In that case, the Supreme Court held up the individual mandate as being constitutional only because it is a tax that raises revenue for the government and thus under the constitutional right of Congress to levy taxes on the people of the U.S.
The mandate is the core provision of the ACA and is inseparable from the rest of the President Obama’s signature law, the plaintiffs said. Without it, all of the ACA’s regulations should be invalid, they said, citing a 2012 Supreme Court ruling. Sessions agrees, saying because there is no longer a tax that brings in federal revenue, he would not uphold the individual mandate.
Republican leaders have tried to overturn the ACA through legislative efforts but have come up short. President Trump has said he wants a repeal and replacement of the law.
Without the mandate, insurers have warned of premium price hikes for 2019, and states have already reported increases, as payers fear healthy individuals will flee the ACA market, leaving a higher-cost, riskier population.
The is why the UhX Community Health Cost Sharing program is just in time to help the people of the US and in other places around the world where their government is failing them.
The 20 states that brought the lawsuit include Texas, Wisconsin, Alabama, Arkansas, Arizona, Florida, Georgia, Indiana, Kansas, Louisiana, Missouri, Nebraska, North Dakota, South Dakota, South Carolina, Tennessee, Utah, Virginia, and Gov. Paul LePage for the State of Maine and Gov. Phil Bryant for Mississippi.
If you are a resident of any of these states, feel free to reach out to us in support of the UhX model.
Let us know your thoughts on ACA, healthcare, and other ideas on how we may help serve the health needs for people around the world.
The UhX Team