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View Diary: Supreme Court, Affordable Care Act: Is the mandate constitutional? (372 comments)

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  •  Do you think the SCOTUS finding against the (1+ / 0-)
    Recommended by:
    Gary Norton

    mandate would open the door for private hospitals to decline to provide HC for uninsured and unable to pay individuals? I'm sure that would cost them any subsidies from the state/fed, but still some may opt for that.

    Today, strive to be the person you want to be.

    by GoGoGoEverton on Tue Mar 27, 2012 at 07:05:27 AM PDT

    [ Parent ]

    •  I have not thought about that question (1+ / 0-)
      Recommended by:
      Gary Norton
      •  The real question would be whether the Federal (0+ / 0-)

        law requiring hospitals to treat people irrespective of their ability to pay would pass Constitutional muster.

        As you say most Federal regulatory legislation adopted in the last 80 years relies on the Commerce Clause for its authority. The challengers would not just take the Commerce Clause back before the New Deal, they almost take it to the Articles of Confederation.

        Further, affiant sayeth not.

        by Gary Norton on Tue Mar 27, 2012 at 08:31:29 AM PDT

        [ Parent ]

    •  It has a HUGE impact on Private Hospitals (or any) (1+ / 0-)
      Recommended by:
      Gary Norton

      Ideally, the individual coverage mandate of the Affordable Care Act would benefit hospitals by increasing the number of insured patients, as would a mandate that would increase the number of patients qualifying for Medicaid. Hospitals will also be able to earn incentives for enacting quality of care initiatives.

      If you take away the mandate. I don't see how the rest stays. As it is to balance out financial challenges created by other federal reform measures scheduled to take effect in coming years, such as reduced Medicare reimbursement rates and new penalties for high readmission and hospital-acquired infection rates. If the individual mandate is rejected by the Justice Department, however, these other future aspects of the bill could also face alteration

      The AMA has voted in support of the individual mandate to the Supreme Court back in January. The AMA also pointed out that the reform bill could have detrimental effects on hospitals if the individual mandate is the only portion of the law to be struck down or changed. They actually submitted an Amica Brief.

      I imagine if you look at it (I have not) it probably discusses why they view the individual mandate as necessary, etc. Here's a link to their brief

      http://www.aha.org/...

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