Benefits - Healthcare Reform is Unconstitutional
Posted by Nancy Saperstone on Tue, Dec 14, 2010 @ 12:02 PM
Yesterday U.S. District Judge Henry Hudson determined that the national healthcare reform bill is unconstitutional because it requires people to buy health insurance and “exceeds the constitutional boundaries of congressional power.” In his ruling he stated that requiring individuals to buy insurance “would invite unbridled exercise of federal police powers.” His ruling also stated that “this dispute is not simply about regulating the business of insurance — or crafting a scheme of universal health insurance coverage — it’s about an individual’s right to choose to participate.” So what does this mean to the current national healthcare reform that is on the books?
- It’s likely that this issue will be decided by a higher court and possibly even reach the Supreme Court;
- Several other suits on the same topic are pending, while others have been dismissed;
- This is the first ruling by a federal judge on the topic;
- The White House is expected to lose this round;
- White House feels like this has little impact given the mandate doesn’t take effect until 2014.
As an employer, dealing with the rising cost of benefits, what are you thoughts on requiring people to buy health insurance?