Mandating health insurance


The rate of enactment of new mandates has dropped off somewhat since 1988, but many states are now modifying mandates already on the books.

If those modifications are in fact additions to existing requirements, and I suspect that they are, then the trend to impose even more mandates is still running strong.

During the first Congress in 1790, only 20 of the 91 senators and representatives were framers. Then we contacted Elhauge about the other parts of his claim. First was the 1790 law, passed by that first Congress, which applied to any U. ship that was at least 150 tons or with a crew of at least 10. Finally, in 1798, a Congress that included five framers expanded the health coverage mandate, requiring every ship owner or master coming into a port to pay 20 cents per seaman for every month each worker had been employed.

ne of the fastest growing areas of regulation in the health care sector is state-mandated benefits for private insurance plans.

Harvard Law School professor Einer Elhauge focused on that issue in a Jan.

5, 2012, commentary in the New England Journal of Medicine titled "The Irrelevance of the Broccoli Argument against the Insurance Mandate." Some people, he said, "argue that the Constitution's framers could not possibly have envisioned a congressional power to force purchases.

Failure to meet the requirement may result in a Massachusetts state income tax penalty for each month the individual does not have coverage.

The penalty will equal 50 percent of the least costly, available insurance premium that meets the standard for creditable coverage; however it also varies by age and income.



But there’s a major problem with this line of argument: It just isn’t true.

This law was then signed by another framer: President George Washington.

That’s right, the father of our country had no difficulty imposing a health insurance mandate. In 1792, a Congress with 17 framers passed another statute that required all able-bodied men to buy firearms.

Plans must cover these services without charging a copayment or coinsurance when provided by an in-network provider — even if you haven’t met your deductible.

FDA-approved contraceptive methods prescribed by a woman’s doctor are covered, including: Health plans sponsored by certain exempt religious employers, like churches and other houses of worship, don’t have to cover contraceptive methods and counseling.

Some non-profit religious organizations — like non-profit religious hospitals and institutions of higher education that certify they have religious objections to contraceptive coverage — don’t have to contract, arrange, pay, or refer for contraceptive coverage.


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