Saturday, May 22, 2010

MANDATORY HEALTH CARE FOR SMALL BUSINESS CHALLENGED AS TO CONSTITUTIONALITY

An article on WebMD talks about the lawsuit by a national group representing small businesses which has signed onto a federal lawsuit filed by officials from 20 states that challenges the constitutionality of the new healthcare reform law, particularly its mandate for individuals to obtain insurance coverage.

An amended complaint adds the National Federation of Independent Business (NFIB) to the list of plaintiffs. Two other new plaintiffs, the owner of an auto repair shop in Florida and a resident of Washington State, both objecting to the requirement to carry health insurance beginning in 2014, according to the complaint.   It asserts:  "The individual and employer mandates, onslaughts of new taxes, and onerous paperwork requirements in this unconstitutional law will devastate small businesses," the NFIB stated. It added that the individual mandate is "the first time the government is telling individuals they have to do something simply because they are alive."

"The plaintiffs are the attorneys general of Alabama, Alaska, Colorado, Florida, Idaho, Indiana, Louisiana, Michigan, Nebraska, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah, and Washington and the governors of Arizona, Georgia, Mississippi, and Nevada. In addition, the attorney general of Virginia has filed a similar suit in a Virginia federal court. All of the state officials are Republicans except for James Caldwell, the attorney general of Louisiana, who is a Democrat."

Of particular interest are some reasons hot-headed AGs might have considered such as no one has yet been injured.  The law has not been put into effect and won't be until 2014.  The individual law will not apply to a state; only an individual can bring up a suit.

For the complete article by  Robert Lowes, click here.  This is certainly a case of planning ahead, is it not?

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