Anthem Blue Cross Blue Shield & CHKD Reach Agreement

May 14th, 2011
Anthem and CHKD made an agreement to renew their contract, putting to rest the fear of price increases.

Anthem and CHKD made an agreement to renew their contract, putting to rest the fear of price increases.

Anthem Blue Cross Blue Shield and the Children’s Hospital of The King’s Daughters (CHKD) announced Friday that they have reached an agreement and have made a contract that will last into 2014. This is welcome news for the thousands of Virginians who have Anthem Blue Cross Blue Shield health insurance and receive services from CHKD.

You will remember that The Children’s Hospital of the King’s Daughters (CHKD), the Children’s Medical Group (CMG), and the Children’s Surgical Specialty Group (CSSG) threatened to leave the Anthem Blue Cross Blue Shield provider network June 1, 2011 during heated discussions about reimbursement.

CHKD and others had argued that their physicians and employees were not being paid what they should have been by Anthem. CHKD officials stated that Anthem was paying them an average of 30 percent less than the pediatric care providers in other regions. Anthem claimed that CHKD’s request for a “double-digit” increase based on pay rates in other areas was ridiculous.

A Sigh of Relief

Last week, both companies worked to extend the deadline to their contract, and made hints that they were making progress. On Friday, Anthem and CHKD announced that a new deal was made and that the new contract will be in effect until Dec. 31, 2014. The new deal ensures that Anthem’s health care recipients will not experience a rate increase for services received at CHKD.

CHKD president and CEO Jim Dahling made a statement on Friday: “We understand that this has been a very difficult time for all involved…” “Thus, we want to assure families – especially those who may have postponed or canceled care at CHKD or who felt they had to leave their CHKD provider – that we will do everything in our power to make it as easy as possible to get children rescheduled for care or re-enrolled with our physicians.”

Source:

Jeter, Amy. The Virginian-Pilot. CHKD and Anthem announce agreement through 2014
May 14, 2011
http://hamptonroads.com/2011/05/chkd-and-anthem-announce-agreement-through-2014

Appeals Court Hears Health Care Reform Lawsuit

May 10th, 2011
Virginia's Heath Care Lawsuit Moves Up to a Higher Court

Virginia's Heath Care Lawsuit Moves Up to a Higher Court

Today, a federal appeals court in Richmond will hear the lawsuit against the Health Care Reform Law and will move the debate one step closer to its ending in the Supreme Court. Until now, the case has only been heard by federal district courts, which form the first of the three part federal judiciary. Today’s hearing brings the case one step closer to the Supreme Court, which is expected to hear the case in the summer of 2012.

While there are numerous legal suits challenging the controversial law across the nation, the 4th Circuit U.S. Court of Appeals will be the first appeals court to hear arguments. Since the 4th Circuit is known for its prompt decisions, this case could very well become the first to make it to the Supreme Court.

You will remember that the case was brought by Virginia Attorney General Ken Cuccinelli, who maintains that the individual mandate requiring individuals to buy health insurance or be penalized, is unconstitutional.

So far, three federal judges have ruled for the law, and two against it. In December, Judge Henry Hudson invalidated the “individual mandate” siding with Cuccinelli that the mandate is unconstitutional.

Hudson wrote:

At its core, this dispute is not simply about regulating the business of insurance-or crafting a scheme of universal health insurance coverage-it’s about an individual’s right to choose to participate.”

A January decision in a separate case from Florida also found the Health Care Reform Law unconstitutional, and went even farther by invalidating the entire law.

The Obama administration is seeking to have Hudson’s ruling overturned and the Health Care Reform Law, also called “the Patient Protection and Affordable Care Act,” upheld. Showing how badly that the administration wants to win this case, Solicitor General Neal Katyal will personally argue the case Today. It is rare for the solicitor general to argue any case except in the Supreme Court.

The Obama administration argues that Virginia lacks the standing to sue, claiming that that the individual mandate  “applies only to individuals, not to the commonwealth.” Virginia’s lawyers counter that the law would violate a state requirement banning insurance requirements like the individual mandate.

After the question of the constitutionality of the individual mandate, there is the question of whether the law’s “penalty” is possible under the constitution.

The Second Health Care Case

The Virginia lawsuit will be the second one against the Health Care Reform Law heard by the court. The same three judges will first hear an appeal brought by Liberty University, which lost its case last year.

Liberty’s case is different in that it also attacks the employer mandate, which requires companies with at least 50 workers to offer government-approved insurance options.

Liberty Law School Dean Mathew Staver is opposed to the law’s language permitting insurance plans to cover abortions and also argues the law favors certain religious groups, such as the Amish, who are curiously exempted from participation.

How Will the Judges Rule? It May Not Be a Surprise

Today the U.S. Court of Appeals revealed the names of the three judges taking up the case. It is sure to please the Obama administration. The three judges were chosen at random by a computer program and all three of them are Democratic appointees. They are Diana Gribbon Motz, appointed by President Clinton; Andre Davis, appointed by President Obama; and James Wynn, appointed by President Obama. To date, judges appointed by Democrats have upheld the law while judges appointed by Republicans have struck it down.

Sources:

Ross, Lee. FoxNews. Appeals Court Ready to Consider Challenge to Obama Health Law.
May 9, 2011
http://www.foxnews.com/politics/2011/05/09/appeals-court-ready-consider-challenge-obama-health-law/

Biskupic, Joan. USA Today. Judges hear arguments on Obama health care law
May 10, 2011
http://www.usatoday.com/news/washington/2011-05-10-Obama-health-law_n.htm

New Cost Savings for Virginia Small Business Group Health Insurance!

May 2nd, 2011
New Savings on Virginia Small Business Group Health Insurance!

New Savings on Virginia Small Business Group Health Insurance!

If your business needs a group health insurance plan option, there has been no better time for you get the best deals than right now. If you have been putting off a Virginia group health insurance plan, you may have saved yourself a large amount of money.

Why Group Health Insurance for my Business?

Group health insurance, commonly called Small Business health insurance, is the health coverage method in which your business provides health insurance to your employees. Basically, you choose a plan that you like, and your employees can choose to enroll. As long as your employees remain employed with your company, they’ve got coverage. Often, group plans cover employee family members as well. In group plans, the employer pays a large portion (about half) of health insurance premiums, and the employee pays the rest.

1. Cost Savings

Group plans are popular among Virginia small businesses for a few reasons. The biggest reason is perhaps the cost savings. Group health insurance plans are known for being very cheap. Because they are cheap, they are quite attractive to small business owners and employees alike. Why pay more when you can pool your resources together and pay less?

2. Attract Talent

Health insurance provided by your business is a big drawing card for talented employees. Most workers today have come to expect health insurance to be provided by their employer. If a competitor offers health insurance options and you don’t, you will be at a significant disadvantage. Group health insurance also helps reduce employee turnover, as health insurance is only covered by your group plan as long as the employee works for your business.

3. Tax Savings Benefits

As of May 2011, there are now significant incentives for providing group health insurance via special tax incentives. Small businesses with fewer than 25 employees may qualify for a federal tax credit for the amount of premiums that the business covers. For tax years 2010-2013, your business can receive a maximum tax credit of up to 35% of premiums paid by your business. Group health insurance can also mean lower payroll taxes, so your business may actually save money by offering group health insurance.

4. MyLocalBroker.net offers EXTRA Special Savings!

More importantly, for a limited time, MyLocalBroker.net has received an offer from a major Virginia health insurance provider to WAIVE one month’s premium if you purchase a group health insurance plan through us! Beginning this June, if you sign up for a group health insurance plan we offer, one month’s premium will be free! This kind of deal is hard to match. We told you that there’s never been a better time get group health insurance.

Whether you want to sign up with group health insurance for the first time, you want to compare your existing plan against new options, or you are evaluating your options and just want price quotes, we can help. With over 20 years of health insurance experience, free price quotes and consultations, MyLocalBroker.net is your best choice for group health insurance in Virginia.

Supreme Court Refuses to Immediately Hear Health Care Reform Suit

April 25th, 2011
The Supreme Court refused to fast-track the health care reform lawsuit.

The Supreme Court refused to fast-track the health care reform lawsuit.

Today the Supreme Court decided not to take up the Health Care Reform Law lawsuit until it has gone through the lower courts. Virginia had requested that the suit be fast-tracked to the supreme court, as parts of the law will have already gone into effect by the time the Supreme Court takes up the lawsuit.  In addition, the suit is expected to be appealed regardless of lower court decisions.

It is now expected that Health Care Reform Law’s Medicare pay rate requirements and the allowance of children up to 26 to remain on their parent’s policies will be in effect by the time the lawsuit is heard. Virginia Attorney General Ken Cuccinelli argued that delays in hearing the case would cause “crippling uncertainty” on Virginia, Florida, and the other 25 states bringing the case. The justices rejected his request however, and chose not to bypass the normal appeals process, however.

Also of note was the fact that Justice Elena Kagan appears to have no intentions of removing herself from the case when it is presented. Given her close ties to the Obama administration, and the fact that she was the solicitor general when the law was passed, many had called upon her to excuse herself from the case due to a conflict of interest.

You will remember that Virginia, Florida, and 25 other states brought a lawsuit against the Health Care Reform Law arguing that its individual health care mandate is unconstitutional. So far three judges have found the law constitutional, and two have found it unconstitutional.

What Does This Mean to Virginia’s Case?

The decision not to immediately hear the case has no affect on the merit of Virginia’s case, but it does mean that parts of the law will be allowed to go into effect: at least temporarily. The time to watch for is the summer of 2012. That is when the Supreme Court is likely to take up the case.

Source:

Siemaszkom, Corky. NYDailyNews.com. “Supreme Court won’t hear Virginia’s legal challenge of President Obama’s health care reform…yet”
April 12, 2011
http://www.nydailynews.com/news/politics/2011/04/25/2011-04-25_supreme_court_wont_hear_virginias_legal_challenge_of_president_obamas_health_car.html

Self-Employed in Virginia? You have many Health Insurance Options.

April 19th, 2011
The Self-Employed of Virginia can get great health insurance

The Self-Employed of Virginia can get great health insurance

There are thousands of workers in Virginia who are self-employed: that is, they work for themselves and not under a business. Receiving health insurance benefits can be a problem for the self-employed, as health insurance is typically provided with employee benefits. Many self-employed workers think that they can’t get affordable health insurance coverage in Virginia, that the costs are too high, or that few options exist. The fact is, that’s just not true.

I’m Self-Employed. Which Health Insurance plans can I get?

If you are self-employed in Virginia, you have many health insurance options available to you that workers even 10 or 20 years ago didn’t have. Your options in Virginia can generally be broken down into two categories: group health insurance and individual health insurance.

If you are a self-employed worker with at least one other full-time employee, you can choose a group health insurance plan. A group health insurance plan is the same plan that a small business would offer to its employees. Group health insurance plans are known for being inexpensive, but they offer no personalization – you either accept the plan as it is, or you don’t.

The second option available is individual health insurance. Individual health insurance plans are the same health plans available to individuals and families. Today’s individual health insurance plans offer a plethora of options, deductibles, coverage levels, and monthly premiums. In addition, today’s health individual health insurance plans are very affordable. Whether you want basic health coverage at a low cost, mid-level coverage at reasonable pricing, or total health insurance coverage, individual health insurance plans can provide it. Their flexibility and low pricing makes them hard to beat.

So Which Self-Employed Plan is best?

This depends on your needs. At MyLocalBroker.net, we take everything into account. We compare all of your health insurance options, including individual and group plans from multiple Virginia health insurance companies, so that you can be sure that you are getting the best plan for you. You can be sure that when you get your free health insurance quote from MyLocalBroker.net you will get the best plan and the best price quote. There is never any obligation to purchase a plan, and our services are free to you. If you are self-employed, this is a great time to get health insurance coverage. 

New Report Studies Health Insurance Competition in Virginia

April 12th, 2011

Anthem and Optima are Virginia's biggest health insurance providers.

Anthem and Optima are Virginia's biggest health insurance providers.

According to a recent report from the American Medical Association, the Hampton Roads health insurance market is dominated by only two providers:

1)  Anthem Blue Cross and Blue Shield of Virginia, with 70% of the PPO (Preferred Provider Organization) market share, and

2)  Optima Health, part of Sentara Healthcare, with 58% of the HMO (Health Maintenance Organization) market .

Dr. James Rohack, former president of the American Medical Association, took the opportunity to blame large corporations like Anthem for consumers’ higher premiums.

“You’ve taken away one of the American principles – that is, when you have competition, quality goes up and price goes down,” said Rohack.

However, many insurers and economists beg to differ with Rohack’s comments, and instead state that medical costs are what truly drive premium costs up, and that large insurance companies compete fiercely for business. Some are claiming that the analysis is biased and self-serving.

Scott Golden, an Anthem spokesman, said: “Competition in Virginia is well when it comes to health insurance. We don’t really give credence to self-serving studies like this.”

The report took 2008 data about two kinds of health plans and showed that WellPoint (owner of Anthem) held 61% of the market share for HMOs and PPOs in the Hampton Roads area. Optima ran second with only 15% of the market share.

HMOs usually require patients to designate an in-network primary-care physician and are restrictive about paying costs for physicians out of the network. A PPO plan is different in that it permits patients to receive coverage when they receive services from providers that are out of the network.

The vast majority of economists agree that health insurance markets have shrunk in recent years. HMO companies melded into other companies, and the industry changed from being locally-based to nationally-based, says Mark Pauly, professor of health care management at the University of Pennsylvania’s Wharton School.

WellPoint, created from a 2004 merger of WellPoint Health Networks and Anthem, is the single largest insurer within the Blue Cross and Blue Shield Association. The American Medical Association’s report shows that WellPoint had 57% of Virginia’s combined HMO and PPO market in 2008, with Aetna second with only 12 percent.

Doug Gray, executive director of the Virginia Association of Health Plans, along Anthem’s spokesman Scott Golden, said that they don’t feel the study accurately represents the market. They point out that the study didn’t include self-funded HMO plans, in which business owners assume the financial risk for providing health care plans to their employees.

Optima’s senior vice president of sales and marketing, John DeGruttola, said his company does submit numbers to the research company that was the source of the report, but that certain percentages did not seem to be correct. Anthem’s Golden agrees that Anthem is the local leader, but claims that the company’s share is only about 35% of Virginia’s insured population when including HMOs, PPOs and other policies.

“Right now, you have one, two or three players that may cover a geographic area or the entire state, but then you have a lot of niche competitors that sell specific products in specific areas,” Golden said.

What Does this Mean?

This study underscores what brokers and health insurance experts have known all along: that Anthem Blue Cross Blue Shield dominates the Virginia health insurance market, Optima Health is a major player, and that Aetna is also a competitive player. Drawing conclusions from such a study is not so obvious.

Large corporations such as Anthem Blue Cross and Blue Shield are popular for a reason: they offer tremendous negotiating power with doctors and hospitals. Virginia Health care providers can miss out on customers if they don’t join the networks of large insurers. Also, because large insurers are so big, that can offer lower prices on health care coverage.

Paula Wade, principal analyst with HealthLeaders-InterStudy, the research firm behind the report, says:

“The force that makes the big get bigger in this business is that ability to negotiate a lower rate. Because if you’re negotiating lower rates, the likelihood is you can probably sell your product for a little cheaper.”

Paula Wade and Mark Pauly, professor of health care management at the University of Pennsylvania’s Wharton School, both threw out the idea that insurance market monopolies lead to higher consumer premiums.

According to Professor Pauly, cost increases are largely driven by new medical technologies, the rising usage of health care, and even higher wages in health care related jobs.

The study also ignores another area that can cause price increases: hospital mergers. If a hospital dominates a local market, health insurers have no choice but to meet the demands of the company.

Yes, Anthem and Optima are big, but that doesn’t mean that they are driving up medical insurance costs. In fact, Anthem recently refused to increase wages for its members after The Children’s Hospital of the King’s Daughters (CHKD), the Children’s Medical Group (CMG), and the Children’s Surgical Specialty Group (CSSG) threatened to leave if Anthem didn’t increase its payments.

The Future

The national Health Care Reform Law is expected to change prices in the future; in which direction is unknown.

Health insurance exchanges scheduled to begin in 2014 could bring increased competition for businesses from individuals and small companies. Also, this year the law requires health providers to pay consumers if premiums are spending less than 85% on medical services for large-group plans and 80% for individual and small-group plans. This could reduce the possibility of price gouging, but it also significantly reduces the flexibility that health insurers depend on.

Source:

Jeter, Amy. The Virginian-Pilot. Report: 2 firms dominate Hampton Roads’ insurance market.
April 12, 2011
http://hamptonroads.com/2011/03/report-2-firms-dominate-hampton-roads-insurance-market

Anthem Blue Cross Blue Shield Health Insurance Rate Increase for Virginia?

April 5th, 2011

Anthem BCBS Virginia Rate Increase

Will CHKD force a rate increase for Anthem BCBS Virginia policyholders?

The Children’s Hospital of the King’s Daughters (CHKD), the Children’s Medical Group (CMG), and the Children’s Surgical Specialty Group (CSSG), have all threatened to leave the Anthem Blue Cross Blue Shield provider network June 1, 2011 among heated negotiations about reimbursement.

A three-year contract with Anthem expired in the end of 2010, but it was extended until June 1 through negotiations. CHKD and others are arguing that their doctors and health workers are not being paid their fair share. CHKD officials stated that Anthem is paying them 30 percent less on average than pediatric care providers in other regions. Anthem counters that such contracts are negotiated based on the local region and CHKD’s request for a “double-digit” increase is absurd.

This is a very unusual development, given that the the two companies have been working together for more than three decades.

Who is Affected?

If you are insured by Anthem and receive services from CHKD, CMG, or CSSG, you may be affected. If you are covered by an Anthem HealthKeepers Plus Medicaid plan, you will not be affected. CHKD is already sending warning letters to patients and families stating that services from the Norfolk hospital will be “out-of-network” starting June 1. Anthem also is notifying its brokers, clients, and employers.

Patients pay more for services from “out-of-network” providers that have not contracted with Anthem to provide services at low rates.

Anthem’s Track Record

Anthem is offering consumers better prices on more comprehensive plans. Anthem BCBS of Virginia came out with 4 new plans last April 2010. The new plans were less expensive than their current products and offered richer benefits.

The Anthem Va. New Premier Plan is 23% less expensive than Key Care Flex Choice And 62% less expensive than Key Care Preferred. The new plans offer preventive care covered @100% No lifetime maximums & vision benefits with the Premier plan.

The Anthem Va. New Smartsense w/ Enhanced RX plan replaces the Key Care Essential plan and less expensive or close to the same cost depending upon the deductible you choose. Smartsense w/ Enhanced RX & Key care essential both offer co-payments for the first 3 Dr. visits with a copay, however Smartsense W/ Enhanced RX covers all Anthem RX medication before deductible and 100% coverage for wellness as well as no lifetime maximums.

Health Insurance Rate Hike In Perspective

Anthem’s renewal rate increases for the new plans in April – May 2011 are averaging 1-2 %, which is something for consumers as well as brokers to smile about. Anthem has been receiving a lot of bad press about rate increases lately, particularly about double-digit rate increases (ex. California, Maine) but hopefully it won’t affect Virginia now that CHKD is asking Anthem for a double-digit increase for reimbursement. CHKD of Norfolk claims that it has the lowest reimbursement in the country after a survey taken and presented to Anthem as reason for the increase.

Closing Arguments

James D. Dahling is the president and CEO of Children’s Health System (CHS), the umbrella company for CHKD and its partners. Dahling states that CHKD’s rates shouldn’t be compared with other local hospitals due to their unique services. Dahling also acknowledges the importance of Anthem’s coverage. In 2010, nearly 20 percent of the hospital’s inpatient days were paid for by Anthem, which is the most of any commercial insurer. CHKD’s biggest customers are government insurance programs like Medicaid, cover 67 percent of its inpatient days.

In his argument to increase rates, Dahling pointed to a national study of 27 children’s hospitals.

“Discovering we are the lowest paid children’s hospital in the nation certainly changed the tone of our discussions,” said Dahling. “We’re really only seeking fair reimbursement, consistent with what Anthem themselves is paying other children’s hospitals for the same services.”

This sounds like a reasonable response if that is the best excuse that they can offer.

Scott Golden, a spokesman with Anthem, said: “They’re the sole service provider for certain things. I think they’ve realized that, and they’re leveraging that strength to increase health care costs for the residents of Hampton Roads.”

Insurance Companies seem to take all the heat when it comes to rate increases, but maybe it is time for the government to regulate the profit that hospitals, physicians, drug companies, durable medical equipment suppliers, etc. are allowed to charge. Anthem and CHKD will resolve their differences, but at what cost to current Anthem policy holders?

Source:

Jeter, Amy. The Virginian-Pilot. CHKD-Anthem stalemate puts patient fees in play.
April 5, 2011
http://hamptonroads.com/2011/04/chkd-warns-anthem-patients-possible-rate-increase

Health Insurance Brokers’ Pay Under Debate

March 15th, 2011

The new MLR rule could put an end to health insurance brokers' livelihood.

The new MLR rule could put many health insurance brokers out of business.

Even though the National Association of Insurance Commissioners (NAIC) made their recommendations about how to pay health insurance brokers last year, the debate appears to be heating up again.

You will remember that last year the National Association of Insurance Commissioners (NAIC) voted that brokers’ pay should be classified as “administrative,” severely limiting their pay due to the new MLR provision of the Health Care Reform Law. According to the new regulations, a maximum of 20% of health care premiums (15% for groups) can be spent on “administrative” costs, and that insurance companies must spend 80 percent of premiums on medical care.

This ruling is under fire from lobbyists and concerned citizens alike for fears that this would spell the beginning of the end for health insurance brokers, who help millions of Americans cut through red tape and confusing advertising to purchase the best health plans.

Today, West Virginia Senator John D. Rockefeller IV (Democrat), expressed concern that brokers are succeeding in changing lawmakers’ minds to exclude their commissions from “administrative” health insurance expenses. In a letter to Susan E. Voss, President of the NAIC, Rockefeller wrote:

“I cannot support a proposal that would allow agents, brokers, and health insurance companies to retain the estimated $1 billion in benefits that American consumers will receive next year thanks to the health care reform law.”

Although Senator Rockefeller opposes changing the brokers’ “administrative” payment definition, he also tried to reach out to brokers, stating that he expects “independent agents and brokers will play a crucial role in this new marketplace, and that they will benefit from these higher potential sales volumes.”

The senator believes that brokers will make up for lower commissions with higher sales volumes. The National Association of Health Underwriters, an organization which represents brokers, strongly disagrees, and is very concerned that the future of its members is at stake. In January, NAHU chief executive Janet Trautwein wrote in a letter to Secretary of Health and Human Services Kathleen Sebelius that the new rules are “currently having a devastating financial impact on the country’s approximately half-million licensed professional health insurance agents and brokers.” The letter continued: “Many agents are seeing a net reduction of their business incomes of 30 to 50 percent. This means that fewer agents and brokers will be able to afford to stay in business, and many will have to begin reducing services to their clients and cutting jobs.”

The issue is critical to brokers, as the proposed regulations are already cutting commissions. Many health insurance providers have already stated that they will cut commissions to meet the new rules. Some brokers are discussing using a fee-based system of being paid, where the individual or business buying health insurance would pay the broker a fee for brokerage services. Others argue that such a system would not work, and that brokers must be paid by health care providers, as they are now.

This debate has wide-reaching ramifications, from the buyer’s point of view as well as the broker’s. Health insurance brokers will be paying very close attention to the outcome of this debate.

Source:

Abelson, Reed. The New York Times. The Debate Over Brokers’ Fees.
March 15, 2011
http://prescriptions.blogs.nytimes.com/2011/03/15/the-debate-over-brokers-fees/?partner=rss&emc=rss

Florida Federal Judge Clarifies Ruling, Grants Stay, Reprimands Government Attorneys

March 5th, 2011

Judge Roger Vinson clarified his ruling, granted the government a stay, and reprimanded the government for dragging its feet.

Judge Roger Vinson clarified his ruling, granted the government a stay, and reprimanded the government for dragging its feet.

Federal Judge Roger Vinson, who in January ruled health care reform unconstitutional, granted a government motion to delay his ruling. He gave the Obama administration an additional 7 days to appeal.

Interestingly, the administration requested a motion to clarify the order instead of filing a motion to stay the ruling. Judge Vinson wrote: “It was not expected that they would effectively ignore the order and declaratory judgment for 2.5 weeks, continue to implement the Act, and only then file a belated motion to ‘clarify,’”

Judge Roger Vinson granted a stay of his ruling, but only on the condition that the U.S. Justice Department pursues an expedited appeal within seven days.

“The sooner this issue is finally decided by the Supreme Court, the better off the entire nation will be,” Vinson wrote. “And yet, it has been more than one month from the entry of my order and judgment and still the defendants have not filed their notice of appeal.”

This move suspends the Judge’s Jan. 30 order dismissing the Patient Protection and Affordable Care Act on constitutional grounds and allows implementation to continue as the case is appealed.

So what does this new order mean? Not very much. It reiterates Judge Vinson’s finding that the law is unconstitutional. It also grants the Administration a temporary stay while the law is being appealed.

Virginia is one of 26 states challenging the constitutionality of the new Health Care Reform Law. Virginia and other states argue that since the government cannot force citizens to purchase health insurance, the law is unconstitutional. So far, three judges have ruled for the law, and two against it. Legal experts believe that the legal battle over Health Care Reform Law will continue to be fought in the courts, and will eventually wind up in the Supreme Court.

Recent changes in congress could also mean that Health Care Reform Law is halted through defunding. Congress has the power to control the nation’s funds, and that includes implementation of the Health Care Reform Law.

Sources:

ORTHOSuperSite. Federal judge orders stay of health care law ruling
March 4, 2011
http://www.orthosupersite.com/view.aspx?rid=81236

USNews.com. Health Highlights: March 4, 2011
March 4, 2011
http://health.usnews.com/health-news/managing-your-healthcare/articles/2011/03/04/health-highlights-march-4-2011

Florida Federal Judge Rules Health Care Reform Law Unconstitutional

February 1st, 2011

The Health Care Reform Law has been found unconstitutional by Judge Roger Vinson.

The Health Care Reform Law has been found unconstitutional by Judge Roger Vinson.

Judge Roger Vinson of the U.S. District Court for the Northern District of Florida ruled Monday that the Health Care Reform Law is unconstitutional because of the “individual mandate” that requires every person in the United States to purchase health insurance. He ruled that congress exceeded its constitutional power in requiring individuals to purchase health insurance plans. What sets Judge Vinson’s ruling apart is his striking down of the entire Health Care Reform Law, and not just a portion of it. Instead of simply ruling the individual mandate unconstitutional and allowing the rest of the law to be upheld, Judge Vinson found that the mandate cannot be separated from the rest of the law, and therefore found the law as a whole unconstitutional. The reason for his finding was due to the lack of a severability clause.

Because laws often contain various controversial provisions, lawmakers will usually insert a “severability” clause to try to ensure that at least part of the law survives a legal challenge. In such a case, if part of the law were to be struck down, the other provisions would remain in effect. The problem with Health Care Reform Law? There is no severability clause. This means that even though only a couple of provisions of Health Care Reform Law are being challenged, the fate of the entire law is at stake.

Even though this logic looks fine on paper, severability is an issue that hardly ever comes up, and the ruling took many lawyers by surprise. Others argue that this is the only thing that the judge could have done, as the Supreme Court directs that laws be analyzed to see if they even make sense if key provisions are found unconstitutional. In this sense, if Health Care Reform Law relies on the individual mandate to function properly, the entire law should be struck down.

Unfortunately for the law’s supporters, Congress made an explicit declaration in Section 1501 of the individual mandate that the mandate is “essential” to the law. This would seem to add credence to the striking down of the entire law rather than the striking down of a single provision.

The Obama administration is appealing the ruling. The ruling will have to be settled by the United States Supreme Court.

Source:

Klukowski, Ken. ObamaCare Unconstitutional — Why Judge Vinson’s Ruling Is So Important. FoxNews.com
February 1, 2011
http://www.foxnews.com/opinion/2011/02/01/obamacare-unconstitutional-judge-vinsons-ruling-important/