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TOPIC: "Foes of health care law lose key court ruling" (AP, Forbes.com 10/8/10)


Diamond

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"Foes of health care law lose key court ruling" (AP, Forbes.com 10/8/10)
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Read @ Forbes.com

Associated Press

Foes of health care law lose key court ruling

By ED WHITE , 10.08.10, 08:28 AM EDT 536b64474530796f315a4141416d7258?adTerms=Financial+Impact+AP+Business+536b64474530796f315a4141416d7258?adTerms=Financial+Impact+AP+Business+

DETROIT -- A federal judge on Thursday upheld the authority of the federal government to require everyone to have health insurance, dealing a setback to groups seeking to block the new national health care plan.

The ruling came in a lawsuit filed in Michigan by a Christian legal group and four people who claimed lawmakers exceeded their power under the Constitution's commerce clause, which authorizes Congress to regulate trade.

But Judge George Caram Steeh in Detroit said the mandate to get insurance by 2014 and the financial penalty for skipping coverage are legal. He said Congress was trying to lower the overall cost of insurance by requiring participation.

[SNIP]

A decision on whether to dismiss the case is expected by Oct. 14, though the judge said last month that he would probably dismiss only parts of the complaint while letting others go to trial

There is also a lawsuit pending in Virginia.

Randy Barnett, who teaches constitutional law at Georgetown University, said Steeh's ruling could be cited by lawyers trying to persuade other judges.

Full article @ Forbes.com

=======================

Continuing to watch this.

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All I can say is, I am throughly disgusted with the way we do health care in this country. Right now, I have NO insurance. My old insurance company raised their rates so high that I could not afford to renew my policy. So I got a new one with a different company, but even though I applied in mid-September I couldn't get this new policy to kick in until next week. And both the old policy and the new one have very high deductibles. That's the only way I can afford the premiums. So if I get sick, I am absolutely screwed. Most people's pets have access to better health care than I do.

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Diamond

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Jen, your situation is exactly the reason why we need all people to have a certain threshold level of coverage as public option - it is an assurance safety net level that a civilized advanced society should be able to afford and assure all its taxpayers.

The analogy of pets having better care is very apropos.

This is not a "developing country" it is a "mature country" that is well developed. US should be able to assure basic healthcare to all.



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On top of what I mentioned before, my parent are losing their medicare-plus coverage after the first of the year. The company they were dealing with discontinued the policy. My parents still have medicare, but it doesn't cover everything. Pretty much all of my parents' $$$ goes to prescription drugs and out-of-pocket medical expenses. We're talking about seniors on a fixed income here.

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Diamond

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Jen the Michigander wrote:

On top of what I mentioned before, my parent are losing their medicare-plus coverage after the first of the year. The company they were dealing with discontinued the policy. My parents still have medicare, but it doesn't cover everything. Pretty much all of my parents' $$$ goes to prescription drugs and out-of-pocket medical expenses. We're talking about seniors on a fixed income here.



Jen, Sorry to hear this.
Actually, this is a consequence that I had not foreseen.  More accurately, it is not an expected/foreseeable consequence. So, I am a bit confused on what may have caused it. Got to research a bit. 

Is this the "donut hole" coverage that your parents had? Is the insurance company cancelling it because the government is supposed to be picking up/bridging the donut hole down the road? That bridge does not happen for a few more years..  Well, it starts but does not fill completely for several more years.  So, the insurance companies are "expected" to carry the insured. I dont know if the government has clauses in ACA towards ensuring continued coverage...  The interim phase of transition is ill-defined, and people are being dropped? That may be it.  Interesting.

Tells you the insurance companies are ALL about profit.  They really do not care about the welfare/best interest of the insured at all.

 



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Democracy needs defending - SOS Hillary Clinton, Sept 8, 2010
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I don't know all the ins and outs of my parents' insurance policy. It was some kind of donut hole policy, but then my parents both maxed out the amount that they'll pay for prescription drugs, so now they're on their own until the first of next year IF they can buy a new insurance policy. Dad has been shopping around and he says everybody's rates have gone up.

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Thanks for the info, Sanders. Another option we have here in the Detroit area is going across the bridge and buying prescription drugs in Canada. I don't know if my parents would do that or not. I think they have to find a doctor in Canada who will OK it, not sure how it works.

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Diamond

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Jen the Michigander wrote:

Thanks for the info, Sanders. Another option we have here in the Detroit area is going across the bridge and buying prescription drugs in Canada. I don't know if my parents would do that or not. I think they have to find a doctor in Canada who will OK it, not sure how it works.


Yes, proximity does make that something you might want to consider exploring if they have big cost meds and the drive across including tolls, effort, border crossing hassles etc are worthwhile.  But there is another key thing to keep in mind here... if they rake up big costs, they would not be able to show that and come across the other end of the donut hole where they do have that coverage once again.

On the other hand, some states such as Minnesota State Government did offer an RxConnect plan... I tried to find out about it today and found that the Minnesota plan appears to have been discontinued. It is worth giving them a call to find out whatever you can...  http://www.state.mn.us/portal/mn/jsp/content.do?id=-536885150&agency=Rx

If I find anything more/different sources, will post.



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Democracy needs defending - SOS Hillary Clinton, Sept 8, 2010
Democracy is more than just elections - SOS Hillary Clinton, Oct 28, 2010

Madam Secretary Blog at ForeignPolicy.com
Project Vote Smart - Stay informed and engaged!


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The border crossing hassles are probably the main issue. It boggles my mind how just about anybody can enter this country through Mexico and nobody from our esteemed government says boo to them, but if you're an American citizen reentering the USA after a day trip to Canada, the border guards interrogate you like KGB agents.

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