Health Insurance Articles

The Health Reform Challenges That Are Most Likely To Succeed

2011-12-31

The current federal administration has made health insurance policy reform a priority and introduced several new laws aimed at lowering the cost of health care for all Americans. The Affordable Care Act, in particular, has begun to roll out across the country and is slated to be in full effect by 2014. In addition to creating a national public health care option for anyone who wants it, the Act will also impose a standard of care that must be followed by all providers in the country - public or private. As a result of the new laws made by President Obama's administration, several health reform challenges have been started, aimed at having parts of the Act quashed.

One of the main challenges raised about health insurance policy changes is that the minimum coverage requirement imposed by the federal government - which stipulates that all Americans must possess at least basic health care - is unconstitutional. Governments in several states are arguing that the law violates a clause in the US Constitution known as the "commerce clause." This clause limits the amount to which the federal government can interfere in state commerce, and states are arguing that by forcing all Americans to obtain minimum health care, the federal government is effectively changing the way that commerce is being done in the insurance industry. Courts across the country have been split on the issue, with many coming down in favor of the challenge and just as many ruling that it is constitutional.

Health reform challenges also exist in the form of objections from private providers, who argue that the government's oversight of care standards is unfair. Many companies are concerned that if the government is given control over what standard of care must be maintained, red tape will prevent facilities from remaining open or being re-opened after an issue is discovered. Again, there is concern over how far the reach of the federal government extends and how much they should be allowed to interfere in any business, even if it concerns health insurance policy nationwide. Although none of the major challenges posed by states and business have yet been successful, momentum is being generated for change to the new laws.

While there is no guarantee that the Affordable Care Act will be implemented in its entirely by 2014, several strides have already been made in that direction. Challenges that have been made by both states and private companies are now working their way through the court system, and it is possible that the kind of health care eventually delivered by the bill may be quite different than originally intended by both the president and his party - only time will tell.