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Justices Debate Minimum Coverage Severability

HealthImaging published an update today regarding PPACA that quotes Paul D. Clement.  “If the individual mandate is unconstitutional, then the rest of the Act cannot stand. If you do not have the individual mandate to force people into the market then community rating and guaranteed-issue will cause the cost of premiums to skyrocket.”

Community rating is something that the industry has now but the data set and sample size is smaller than PPACA contemplates.  In our opinion, guaranteed issue is a component that should be considered by the Supreme Court and preserved or rescinded with the individual mandate.

Edwin Kneedler argued on behalf of the Obama Administration that if the minimum coverage provision should fall, the guaranteed-issue and community rating rules should fall as well as “that is one package that Congress deemed essential.”

Key notes:

American Recovery and Reinvestment Act of 2009 and HITECH Act are separate from PPACA, therefore Meaningful Use will Stand if PPACA is rescinded.

HIPAA Mandate ICD-10 is Separate from PPACA and will Stand if PPACA is rescinded.

Read more here

Justices end PPACA arguments debating minimum coverage severability.

Severability

SCOTUS Coverage Needs a More Holistic View

 

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