SCOTUS majority embraces individual mandate, ACA

Mary Mosquera | Government Health IT | June 28, 2012

The Supreme Court has ruled that it is constitutional to require that all Americans obtain health insurance coverage or pay a penalty, defying the expectations of many that the majority conservative leaning justices would strike it down. Chief Justice John Roberts provided the support needed to make a 5-4 majority and uphold the health reform law, and assuring a place in history for his legacy. His support for the individual mandate was that it was constitutional based on Congress’ taxing authority and not on the Commerce clause and regulation of interstate commerce.

“The mandate can be regarded as establishing a condition -- not owning health insurance -- that triggers a tax -- the required payment to IRS,” Roberts explained in the opinion. The remaining parts of the Patient Protection and Affordable Care Act (ACA) also remain intact, resulting in a clean sweep for the healthcare reform overhaul advanced by President Barack Obama and a majority in Congress in 2010.

The justices, however, took a narrower view of the Medicaid expansion by limiting the potential penalty to states if they did not participate in the program. The historic health reform decision June 28 by the Supreme Court in the lawsuit brought by 26 states led by Florida and the National Federation of Independent Business against the federal government offers some certainty in how health care will proceed in the future and how Americans will obtain and pay for health coverage...

Comments

Getting on with it

The latest news about the Supreme Court upholding the Affordable Care Act represents just one more step on the long journey toward healthcare for all Americans - a truly worthy and inspiring goal. Now we can get down to implementing the Act - and changing parts of it as needed over time. This is a journey that we're all taking together - in the same boat. From a health information technology (HIT) perspective, I know we need to get on with automating our industry - acquiring and implementing Electronic Health Record (EHR) systems, connecting them together via Health Information Exchange (HIE) networks, then putting in place Personal Health Record (PHR) systems for use by every individual. We're just following in the footsteps of the Banking industry that put in place automated banking systems, then connected them together via information exchange networks like Visa and Master Card, finally moving on to online personal banking. Let's continue to transform our healthcare system. Let's learn to collaborate, pursue open solutions, and innovate our way to a better future.