My health, My law!

OK, there has been much talk about this healthcare law and whether or not it is legal.  I have spent many hours trying to dig up as much information as I can and I promise you, I am not AS confused as I was when I first started but I will say that there are some aspects of these court cases that are still confusing.  I will try my best in this blog to fully explain what all this mess is about:

First, ever since the healthcare bill has been signed into law, there have been lawsuits filed stating that the law is unconstitutional.  Now, I am sure that someone will ask: How can you file a lawsuit against a signed law?  You can’t fight a law can you?  Well, the fight isn’t necessarily against the law but the interpretation of the law.  Let me explain:

There are three different branches of the government.  Congress makes up the legislative branch.  They write the laws.  The president and his cabinet make up the Executive Branch.  They enforce the law.  The judiciary branch is the Judges.  They interpret the law.  So, essentially how the law is enforced will be based on its interpretation.  That’s why you sue because if a judge thinks there is an issue with the law; or if he thinks that the law is being interpreted incorrectly, he can rule in a matter where he feels the law should be followed.  He can also decide if the law should be followed at all.  So let’s see how judges have been interpreting the law:

A U.S judge in Michigan said that the law is constitutional.  I believe a 2^nd one did as well.  A federal judge in Virginia has deemed a part of the law that mandates people to have health insurance as unconstitutional.  I wanted to spend a little more time on the Florida ruling because it had an interesting twist.  It brings up severability.  Severability is usually a clause that states if one part of a law or contract is illegal; the rest of the law or contract is still in effect.  So if 25% of a contract is illegal, with severability, the other 75% still has to be followed.  The Florida judge has stated that since the healthcare law had no severability, the ENTIRE law is unconstitutional.  I think that is interesting that no one thought to add one simple clause to make sure the entire law doesn’t get scrapped.  Here is my opinion on the whole thing:

The federal government has stated that all automobile drivers have minimal coverage in order to drive.  Most states have deemed minimal coverage to be liability to protect any others who are injured in an accident that is your fault.  So, if you don’t want to pay for automobile insurance, you don’t drive.  And if you do drive a car without insurance, you will be punished.  I think the same thing should be for healthcare, especially if you have the option to get insurance and choose not to do so.  You don’t want to pay for health insurance, fine.  But don’t expect care if you don’t.  And if you do want healthcare and you choose not to have insurance, providers should have the right to decide if they treat you or not.  Emergency rooms do not have that luxury.  Yes, it’s cruel but how do you combat someone who says “I’m not paying for health insurance, I am sick, and I want you to take care of me”?  What if they keep coming back for more help and didn’t pay the last bill they ran up?  Tell me what would you do? This sounds crazy but just think about it:

“Not having car insurance is risky unless you don’t drive.  So, not having health insurance should be risky unless you don’t live”

In closing, the lawsuits have served their purpose which is to force the Supreme Court to rule on this case.  Whatever they say, will be final.  There is now a major issue though because an unconstitutional part of the law with no severability has the chance of having the entire law killed.  That would be a BIG problem.  They are estimating that it will be next year before they rule.  There are some Congressmen who want them to rule early before this gets too out of hand but I think they will wait.  They really have no reason to rush because as long as appeals are going on, the law is still in effect and will remain so until the Supreme Court says otherwise.  So for now, don’t be too concerned, it’s just business as usual as far as your healthcare is concerned.  Please look at my old blogs to see which laws are in effect right now.