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Transcript of Healthcare Timline
Promoted individual responsibility by requiring citizens and legal residents to obtain health insurance
Health Insurance Marketplace created
cannot discriminating patients with pre-existing conditions.
cannot charge higher rates due to gender or health status.
must eliminate annual limits on insurance coverage.
must ensuring coverage for individuals participating in clinical trials.
Individual Mandate Requires that Most Americans Obtain Health Insurance by 2014 or Pay a Tax Penalty
National Federation of Independent Buisness v. Sebelius 132 S. Ct. 2566 - Supreme Court 2012
Shared Responsibility Payment for Not Maintaining Minimum Essential Coverage
Coverage Gap Exemptions and Deadlines
A requirement that all businesses with 50 or more full-time equivalent employees (FTE) provide health insurance to at least 95% of their full-time employees and dependents up to age 26, or pay a fee by 2016
Expansion of Public Programs
NATIONAL FEDERATION OF INDEPENDENT BUSINESS, et al. v. SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, et al.
Children’s Health Insurance Program (CHIP) provides free or low-cost health coverage for children
CHIP received extended funding to offer more children to have health insurance at any time without waiting.
KING ET AL.v. BURWELL, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL.
Supreme Court of the United States
576 U. S. ____ (2015)
Burwell v. Hobby Lobby Stores Inc.
573 U. S. ____ (2014)
Court of appeals for the tenth circuit
Argued March 25, 2014—
Decided June 30, 2014
National Federation of Independent Business, et al.
Sebelius, Secretary of Health and Human Services, et al.
certiorari to the United States Court of Appeals for the Eleventh Circuit
Argued on March 26, 27, & 28 2012
Decided on June 28 2012
What is the impact?
Affirmed Forth Circuit of Appeals
Implied meaning to both Federal and State made
all Americans to obtain health insurance
or pay a penalty,
Mandate is not authorized under the Commerce Clause nonetheless a valid exercise of Congress’s power under the Taxing Clause because
Under Article I of the constitution, Congress is given the power to regulate Commerce among several states.
Medicaid expansion provision of the ACA violates the Constitution by threatening states with the loss of their existing Medicaid funding if they decline to comply with the expansion.
Affirmed in part and reversed in part, 5-4
Five Justices agree that the individual mandate is constitutional
the Chief Justice, Justices Ginsburg, Breyer, Sotomayor, and Kagan
Seven Justices agree that the Medicaid expansion violates the Constitution
the Chief Justice and Justices Breyer and Kagan, Scalia, Kennedy, Thomas, and Alito
What's the impact?
Under the ACA, the Individual Mandate
this provision regulates the assurance to maintain minimum essential coverage of every applicable individual.
Under the ACA, the Medicaid expansion
the goal of the Act is to provide near-universal medical coverage, and without 100% State participation in the Medicaid program, attainment of this goal would be difficult if not impossible.
Three interlocking reforms
Guaranteed issue and community rating
Absorb, cleaning up
Congresses misspoken words
Employers mandated to provide coverage for contraception
Hobby Lobby, a faith-based company objected
Burdened their religious beliefs
Violation of Religious Freedom Restoration Act (RFRA)
Court ruled 5-4 in favor of Hobby Lobby
Under RFRA, religious convictions of a company’s owners could apply to the company
For profit “closely held corporations” can be exempt from providing coverage under the ACA
Mandate burdens the exercise of religion
Recognized the religious "personhood" of corporations
Colloquially Known as Obamacare
Contraceptives contested by plaintiff:
Emergency Contraceptive pills ("morning after" pills)
Plan B (levonorgestrel)
Ella (ulipristal acetate)
Intrauterine devices (IUDs)
ParaGard (copper IUD)
Mirena and Sklya (levonorgestrel-releasing IUDs)
Burwell v. Hobby Lobby Stores, Inc. (n.d.). Retrieved November 9, 2015, from https://www.law.cornell.edu/supremecourt/text/13-35
Court, U. S. (n.d.). National Federation of Independent Business v. Sebelius 567 U.S. ___ (2012). Retrieved November 5, 2015, from Justia US Supreme Court: https://supreme.justia.com/cases/federal/us/567/11-393/opinion3.html
Kaiser Family Foundation. (2015). King v. Burwell: Resources on the U.S. Supreme Court Case. Health Reform. Retrieved from http://kff.org/king-v-burwell-resources-on-the-u-s-supreme-court-case/
Liptak, A. (2014). Supreme Court rejects contraceptives mandate for some corporations. The New York Times. https://media.lanecc.edu/users/borrowdalej/phl205_s15/hobby_lobby.pdf
Musumeci , M. (July, 2012). A Guide to the Supreme Court’s AffordAble Care Act Decision. Retrieved from https://kaiserfamilyfoundation.files.wordpress.com/2013/01/8332.pdf
Musumeci , M. (2015). Are Premium Subsidies Available in States with a Federally-run Marketplace? A Guide to the Supreme Court Argument in King v. Burwell. Kaiser Family Foundation. Retrieved from http://files.kff.org/attachment/issue-brief-are-premium-subsidies-available-in-states-with-a-federally-run-marketplace-a-guide-to-the-supreme-court-argument-in-king-v-burwell
United States Supreme Court. (2015). KING ET AL. v. BURWELL, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL. Retireved from http://www.supremecourt.gov/opinions/14pdf/14-114_qol1.pdf
White, Edward Douglass. "THE SUPREME COURT OF THE UNITED STATES." American Bar Association Journal 7.7 (2014): 341-43. Supremecourt.gov. Http://www.supremecourt.gov/opinions/13pdf/13-354_olp1.pdf. Web. 2 Nov. 2015.
Continues to enforce the bill
Court recognizes economic "death spiral" without passage
90% of businesses are "closed held"
52% of workers are employed at a "closed held" company (approx 60.4 million)
May apply to other healthcare services based on religious grounds, such as: