Is mandating health coverage legal
The sponsors of the current bills are attempting, through the personal mandate, to keep the transfers entirely off budget or--through the gimmick of unconstitutional taxes or penalties they dub "shared responsibility payments"--make these transfers appear to be revenue-enhancing.
Congress lawfully could enact a general tax to pay for these subsidies or it could create a tax credit for those who buy health insurance, but that would require Congress to "pay for" or budget for the subsidies in a conventional manner.What follows is a brief description of those laws, the coverage they offer, employer and individual contributions, and exemptions from the laws.HIV status and reporting requirements raise legal issues related to patient confidentiality.Its defenders have struggled to justify the mandate by analogizing it to existing federal laws and court decisions, but their efforts do not withstand serious scrutiny.This report was prepared in 2009 and remains here for historical research purposes.Four states--Hawaii, Maine, Massachusetts, and Vermont--provide examples of differing legislative approaches to providing such broad based care.
These states have taken diverse approaches toward achieving their goals.
Current health care coverage in the United States is mandated by the Patient Protection and Affordable Care Act of 2010.
The United States government, unlike Canada and many Western European countries, does not have legislation mandating universal health care coverage to its citizens.
While the elderly, persons with disabilities, veterans, military service families and the poor are often eligible for government health care assistance, health insurance is often obtained through the work place.
In a few instances, states have attempted to pass their own laws to provide health care to cover all residents or all uninsured residents.
Law The specific directive issued by a reviewing court to a lower court, as in requiring the lower court to enter a new judgment or to conduct further proceedings consistent with the reviewing court's ruling.