The Make-up and Constitutionality of the Health Care Reform of 2010

“ T H E C O N S T I T U T I O N I S N O T A N I N S T R U M E N T F O R T H E G OV E R N M E N T T O R E S T R A I N T H E

P E O P L E , I T I S A N I N S T R U M E N T F O R T H E P E O P L E T O R E ST R A I N T H E G OV E R N M E N T - L E S T I T C O M E

T O D O M I N AT E O U R L I V E S A N D I N T E R E S T S. ”

PAT R I C K H E N RY

The Make-up and Constitutionality of the Health Care Reform of 2010

Background

The health care reform of 2010 was a bill proposed by the Obama administration. Its sole purpose was to socialize health care so that virtually every American citizen would be granted medical coverage. The bill restricted or even banned many practices commonly used by insurance companies. These practices include lifetime limits, annual limits, discrimination against clients, and the abrupt dropping of a persons coverage. Along with health care reform, the bill also included student aid and higher education reform.

Health Care Reform - an Editorial Cartoon

By: Jason Campbell

Democrats justified their push for reform by ensuring American citizens that the recovery of our economy depended on it.

“ AF TER A CENTU RY O F ST RI VI NG, AFT ER A YEAR OF DEBATE , AFT ER A H I STO RI C VO TE ,

H EALTH C ARE REF ORM I S N O LO NGER AN UNM ET PRO M I SE . I T I S TH E L AW OF TH E

LAN D. ”

PR ESI DENT B ARAC K O BAM A

The Basics

Components of the Bill

• Composed of two separate acts.• The first component of the health care reform of

2010 is the Patient Protection and Affordable Care Act (PPACA). President Obama signed the act into law on March 23rd, 2010.• The second component that makes up the health

care reform is the Health Care and Education Reconciliation Act of 2010. Congress executed this law in order to amend the Patient Protection and Affordable Care Act (PPACA). It was signed by President Obama on March 30th, 2010.

“Change”

President Barack Obama delivers a speech on health care and the many positives that will come from reform.

“HOWEVER [POLITICAL PARTIES] MAY NOW AND THEN ANSWER POPULAR ENDS, THEY ARE LIKELY IN THE COURSE OF TIME AND THINGS, TO BECOME POTENT ENGINES, BY

WHICH CUNNING, AMBITIOUS, AND UNPRINCIPLED MEN WILL BE ENABLED TO SUBVERT THE POWER OF THE PEOPLE AND TO USURP FOR THEMSELVES THE REINS OF GOVERNMENT, DESTROYING AFTERWARDS THE VERY ENGINES WHICH HAVE L IFTED

THEM TO UNJUST DOMINION.”

GEORGE WASHINGTON

Constitutionality:Republicans vs. Democrats

The Controversy

The health care reform of 2010 was no doubt a partisan debate.

The majority of congress members that voted “yea” for reform were Democrats.

Republicans believed that the bill was in violation of a number of clauses and/or policies contained in the Constitution. The clauses and/or policies that it may violate are, the Commerce Clause, the Necessary and Proper Clause, Due Process, and commandeering the people.

Republicans Democrats

• Senate members: 41

House of Reps members: 179

Senate members: 59

House of Reps members: 255

House Speaker: Nancy Pelosi (D)

Senate President: Joe Biden (D)

Senate President pro tempore: Daniel Inouye (D)

Republicans vs. Democrats(111th congress)

Senators' party membership by state, during most of 2010

The Constitution

The backbone of our nation, the Constitution, has served as a model for democracies throughout the world.

“AMERICANS NO LONGER LOOK TO GOVERNMENT FOR ECONOMIC SECURITY;

RATHER, THEY LOOK TO THEIR PORTFOLIOS.”

BILL OWENS

Statistics:Before and After

Statistics Before Reform

The United States is the only wealthy, industrialized nation that does not have a universal health care system. Source: Institute of Medicine of the National Academy of Sciences

In 2006, the percentage of Americans without health insurance was 15.8%, or approximately 47 million uninsured people. Source: US Census Bureau

The primary reason given for lack of health insurance coverage in 2005 was cost (more than 50%), lost job or a change in employment (24%), Medicaid benefits stopped (10%), ineligibility for family insurance coverage due to age or leaving school (8%). Source: National Center for Health Statistics

Banning of Lifetime LimitsThe source of the following statistics is:

www.whitehouse.gov

Statistics After Reform

• Up to 20,400 people who typically hit their lifetime limits will benefit from this provision.

• Along with nearly 102 million consumers who will no longer have a lifetime limit on their insurance policy.

Coverage for Young Adults

Prohibition of Discriminating Against Children With Pre-

existing Conditions

Up to 1.8 mil uninsured young adults could gain coverage through this provision of the new law.

Along with nearly 600,000 who purchase coverage in the individual market, could gain coverage.

As many as 72,000uninsured children will be extended health care coverage due to this provision.

Up to 90,000 children will no longer have certain benefits not covered because of a pre-existing condition.

Statistics After Reform contd.

Restriction of Annual Limits

Prohibition of Dropping Coverage

By 2013, up to 3,500 people will gain coverage as a result of the ban on restrictive annual limits that insurers impose on nearly 18 million people today.

Approximately 10,700people have their coverage dropped each year because they got sick or made an unintentional mistake on their application.

Statistics After Reform contd.

Financials

How the $938 Billion* Health Care Bill is Financed

Net cuts to MedicareOther Revenue ProvisionsIncreased Medicare tax on high-income taxpayersFees on insurers & medical pro-ducers Net cuts to Medicaid Excise tax on Cadillac health plansPenalty payments by employers & individuals

*938 billion is cost of cov-erage provisions from 2010-2019.

Source: www.tax foundation.org