Affordable Care Act : Day 3

After three separate sessions this week, the decision concerning whether the Affordable Care Act is constitutional still remains, if congress proceeds with the individual mandate, and it’s found unconstitutional, where do the rest of the laws stand? Deputy Attorney General Edwin S. Kneedler argued, “if it were to fall only two other provisions of the law should follow suit and fall, as well.” Risk factors of insurance companies, and the effects of if the mandate did indeed fall were discussed at great length. All information has been submitted to the justices’ and they will come to a decision by June.

A second meeting was held during the afternoon to discuss the expansion of Medicaid. The matter of whether or not the states will be coerced to comply with the mandate was a concern because they will be relying on the government for initial funding when their program expands in 2014. By 2017 the state will be covering up to 5 percent of the cost of care. Expanding the bracket for both age, and income will make it possible for millions of Americans to receive coverage.

What are your thoughts? Do you think the affordable care act is constitutional? How do you think it will impact the Medicaid expansion in 2014?

Listen to all hearings from Day 3 here.

View transcript from Day 3 here.

Affordable Care Act : Day 2

Today the Supreme court met for the second time this week, regarding the issue of whether the Affordable Care Act is Constitutional. The arguments focused on the issue of regulating commerce. Justice Anthony Kennedy questioned whether this mandate would, “change the relationships status between the Government and U.S. Citizens.”

Many of the statements circling around the same subject matter of if the government can require us to purchase healthcare, what else can they require us to buy? The cost of healthcare was also a concern. Justice Ruth Bader Ginsburg also discussed,” the people who don't participate in this market are making it more expensive for those who do.” The third hearing will resume tomorrow morning, with a 90 minute debate in the morning regarding how effective the law will be and an hour in the afternoon discussing the expansion of Medicaid.

Should Americans be required to purchase health care or face a penalty? Do you believe Congress is out of its jurisdiction? Review today's hearing below and check back here for the latest news from Washington on this matter.

Listen to all hearings from Day 2 here.

Read transcript from Day 2 here.

Is the Affordable Care Act Constitutional? Supreme Court began hearings today

Today he Supreme Court heard the preliminary arguments for 90 minutes today on the whether or not the Affordable Care Act is constitutional. Most of the arguments focused on the Anti-Injunction Act of 1867.  This looks as to whether or not the US government can collect a penalty, forcing people to pay for insurance they don't necessarily want.  So, is this new provision a tax or a mandate?

CNN points out that pointed out that Justice Ginsburg commented on the constitutionality of the provision to require the purchase of health insurance, "This is a suit that is challenging the 'must-buy' provision, and the argument is made that, if, indeed, 'must-buy' is constitutional, then these complainants will not resist the penalty. So what they're seeking is a determination that ... 'must-buy' is unconstitutional, and, if that's so, that's the end of the case. If it's not so, they are not resisting the penalty."

Read the full transcript of today's hearings here.
Listen to all of today's hearings here.

After looking over today's hearings, what do you think?  Is the ACA a tax or a mandate?

So what does this mean for Medicaid Managed Care? Should the court decide that the ACA cannot be challenged, some states and plans may have to hurry to prepare for various ACA upcoming deadlines, most notably Medicaid expansion going into effect in 2014. Other states and plans that have already started to prepare for Medicaid expansion will be in better shape, and will continue business as usual.

Tomorrow the court will look at whether or not the law’s health-insurance mandate fall outside the Constitution’s limit of congressional regulatory power to matters of interstate commerce? Check back here for the latest news from Washington on this matter.