Judges Named as Courts Prepare for Arguments on Health Care Law

Insurance Articles Judges Named as Courts Prepare for Arguments on Health Care Law

Judges Named as Courts Prepare for Arguments on Health Care Law

June 21, 2011 Travis Harris Posted in: Insurance Articles

26 States Look to Declare Law Unconstitutional

Chief Judge Joel Dubina of Montgomery, who was appointed in 1990 by President George H.W. Bush, will join Judges Stanley Marcus of Miami and Frank Hull of Atlanta who were both appointed by President Bill Clinton in 1997 as they work to determine the constitutionality of health care reform.

Last year, U.S. District Court Judge Roger Vinson ruled the law unconstitutional because it requires Americans to purchase health insurance coverage, something states involved in the case say is an unprecedented assertion of congressional power.

The Obama administration has argued the law will improve the market for health care by preventing people from shifting the costs of their care to others in the market and barring insurers from denying coverage or setting premiums based on medical condition.

Kansas Proposes Health Care Freedom Law

Kansas is one state that opposes the required purchase of coverage. In an attempt to block the mandate, the state has proposed a health care freedom law that bundles a number of proposed changes in regulations for health care providers and includes opposition to the mandate.

The legislation says residents will have the right to refuse to buy health insurance and instead pay for health care services directly if they so choose. They would not be able to be fined or forced to pay other penalties for refusing to purchase health insurance by 2014, which is when the mandate is currently set to go into effect.

The legislation has already landed on the desk of Gov. Sam Brownback. He is expected to act on it by Friday.

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