The Patient Protection and Affordable Care Act (PPACA) will be under the microscope of the United States Supreme Court later this month. The high court recently announced that they have extended the time allotted for the upcoming health insurance reform hearings. The sessions will now span six hours over March 26-28th, 2012- the most time devoted to a case in over 45 years.
One of the main provisions of PPACA is the individual mandate, which requires everyone to purchase health insurance, or pay a tax penalty. Massachusetts Residents are familiar with this arrangement as our State passed a health insurance mandate in 2006, with penalties being assessed since 2008.
The Justices will take about three months to form their opinion, and announce their ruling in June or July. With this being a Presidential election year, the Supreme Court may be likely to want to protect itself from politics, and there is growing chatter about one possible way for them to do so.
Several news outlets have been suggesting that the Roberts Court may exercise ‘judicial restraint’, and not rule on the Individual Mandate until 2015. The possible argument to delay ruling on the individual mandate involves the Anti-Injunction Act, which prevents challenge to any tax until someone pays it and sues for refund. With the individual mandate not taking effect nationwide until 2014, the argument is that the Supreme Court does not have jurisdiction until 2015 when someone pays the tax and sues.
With the fate of health insurance reform hanging in the balance, and the overwhelming evidence proving that health insurance reform actually does work (MA now has 98% of the population covered, and the rates are starting to trend lower), we are hopeful that fairness, patient protection, and affordability will prevail over politics and scare tactics.
Contact Waugh Agency, LLC to obtain the most affordable group health insurance for your company.