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Wednesday, November 09, 2011

Will the Supreme Court Carve Up Obamacare?

The court could find the "individual mandate" unconstitutional but leave the rest of the law intact

For insurance companies nervously watching the legal fight over the constitutionality of the President’s health-care law, it would be the unthinkable: The U.S. Supreme Court strikes down the law’s so-called individual mandate, which requires millions of young, healthy people to buy coverage—but leaves intact rules compelling insurers to cover sick people, who are likely to cost far more in benefits than they pay in premiums. Congress is then left to fix the problem.

The scenario is a real possibility. In a challenge to the health-care law brought by 26 states, a federal appeals court took exactly that approach, declaring in August that the mandate is unconstitutional while saying the rest of the law could stand. The Supreme Court is expected to take up the question of the statute’s constitutionality next year. If the justices agree with the lower court and strip out the mandate, “that would be the worst of all worlds for insurers,” says Paul Heldman, a health policy analyst with Potomac Research Group in Washington. “You’ve got to have some way to ensure that healthy people are going to sign up for coverage to offset the cost of sicker people.”



Drew said...

Then you will truly see premiums sky rocket to cover these expenses. The best system is everyone pays. Careful what you wish for because it could be far worse.

Anonymous said...

i hope the supreme court just kills it; forever.

Anonymous said...

Will the supreme court carve up obama care , maybe , however I wish it would carve up obama.

Anonymous said...

Kind of agree with 10:27. It sticks in my throat to say it, but if we all have to purchase insurance we're better off going single payer, with supplemental insurance available for those who want it. I believe a similar system is in place in France.

Anonymous said...

The only reason any of you are against this commonsense initiative is because it came from Obama. Don't want an insurance mandate? Then give up your right to receive care regardless of insurance status.

Anonymous said...

12:25 you call this "commonsense" you must be a Professor at S.U.

Anonymous said...

i work in insurance. how do you think every last insurance company has a profit?
insurance is the devil and i do not own it. everyone would be wise to kick it to the curb.