I believe what they are saying is that, as written, the health care plan is more or less a legal form of taxation.
Regardless of what you or the Supreme Court might think of the actual health care legislation aspects, the idea of mandating everyone to pay tax to get these benefits is no different than taxing people to fix highways and infrastructure, or taxing people to pay for education, or taxing people for any number of things that are deemed to be in the public interest.
I am quite happy to see this ruling and I think once the plan goes into full effect in 2014, most Americans will immediately embrace the benefits of being able to get affordable health care. I currently have a great health care insurance from the company where I work for both me and my domestic partner - but it was not all that long ago that I did not have a job; let me tell ya, it SUCKS to not be able to afford health insurance, and it is scary and dangerous as well. This is truly a matter of life or death for many unemployed, underemployed, poorly employed families and individuals. So, allow me to raise my glass and toast this victory for all those who might not be as fortunate as I am and have no way to get basic, decent health care.
The general idea is that the individual mandate cannot be considered constitutional under the Commerce Clause; however, can be considered constitutional as a federal tax.
The expansion of Medicaid can continue; however, there is concern about its implementation because states refusing to expand Medicaid to offer coverage to any adult at 133% of the FPL or lower may lose federal funding for their programs. That’s a big concern for states since they’re in many ways being strongarmed into expanding their program, yet this will also mean coverage for as many as 16 million more Americans who don’t have access to insurance.
Health insurance companies must also cover anyone, whether they have a pre-existing condition or not and must continue to offer coverage to adult children under the age of 26 who are on their parents’ plans and do not have employer coverage available to them.
There are many other provisions, but the individual mandate was probably the most contested, followed by Medicaid, state exchanges and coverage of pre-existing conditions and kids under 26.
How will this affect those of us currently covered by insurance through our employers? Will our employers drop the insurance coverage and we will all switch to health care as covered by the new taxation?
And then will our employers give us raises with the cash this frees up?
It shouldn’t affect your employer-sponsored insurance at all. If you’re a small business, you will now have the option to purchase coverage for your employees through a SHOP exchange (state exchange for small businesses); larger employers will be required to continue to offer coverage to eligible employees or face a penalty. So your employer cannot drop your insurance coverage and force you into the individual market without getting fined.
I’m married to a man who has pre-existing conditions and is a partner in a business too small to have group insurance. We’re also the parents of a 22-year-old recent college graduate who has yet to find a job with health insurance.
I’m currently working for a public school specifically for the incredible benefits, but now I won’t have to lose sleep wondering what the hell we’re going to do for health care if I get axed in the next round of budget cuts.
Can anyone explain the effect this will have (if any) on people who lose their health coverage (like if they lose their job)? Will they still have to pay exorbitant sums for COBRA to keep their insurance coverage? Or is there going to be an alternative provided to cover them (will they fall under the new Medicaid)? Will COBRA no longer be as necessary, because people no longer have to worry about maintaining constant coverage for fear their pre-existing condition would be denied by their next insurance carrier?
What about people who work multiple part-time jobs (none of which offers them health insurance), but their total income puts them over 133% of the poverty line? Does this legislation put something into effect for these people? Or is that too speculative at this point in time?
Presumably insurance companies are going to start offering policies to individuals and families, subsidized in some manner and to an unknown degree by the Federal government. Presumably these policies will be an alternative to COBRA, unless COBRA vanishes altogether (don’t know if that will happen or not).
Man, I would *love *to have a private option that costs less than my semimonthly contribution to my employer-provided coverage. Although realistically, I don’t think that’s going to happen.
What is it with this “First!” shit, anyway? Is it like when you were a kid and you always wanted to be the one to open the peanutbutter and stick a spoon in first, and if your sister got to it before you, you’d hide her Barbie dolls up the dog’s ass or something?
And if so … really? Saying 'First!" first, just so you can be the first to cry “First!”?"
Please, we conservatives have no truck with that leftist “keep everyone alive and out of the poorhouse” bullshit. Sink or swim on your own merits! If you sink, it’s because you’re lazy! If you swim, it’s because you bootstrapped your way there! Those poor people gettin’ cancer just didn’t *try *hard enough, not like **I **did! Durned tootin’, sonny boy.
I’ve seen claims that the dissent was written as a majority (it apparently refers to Ginsburg as “the dissent”?), and that Roberts’ arm was twisted (okay, this wasn’t said outright, but implied - at the very least “pressured”) to change his mind.
The ACA doesn’t talk much about COBRA, other than it’s not really affected. My guess is that the plan sponsor would probably try to market its individual insurance to you if you lost coverage due to termination or leaving. In that event, you’d pay what everyone else pays for their insurance from a private plan. I guess people who really wanted their employer’s coverage and could get it through COBRA might still have that option, but you’d probably also have state exchanges as an option, too.
As for Medicaid - that goes up to 133% of the federal poverty limit. If you make more than that, you’ll be eligible for insurance through a state exchange. If you’re one of the “working poor” or make too much to qualify for Medicaid but can’t afford to pay the full cost of insurance, your coverage will be subsidized on a sliding scale.
And yes, if you are working however many part-time jobs and your employer doesn’t offer you coverage, you’re eligible for insurance through an exchange as long as you’re not currently on a federal program like Medicaid or Medicare, federal employee health plan or something else.
Eligibility for a state exchange subsidy will probably be based on the same things Medicaid and Medicare are based on - primarily your federal and state tax returns (unless, of course, you don’t file taxes - then you’ve got other problems).