Another Dispute for Health Care Law

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Health care law continues to experience dynamic changes as universal healthcare coverage continues to take shape in America. The Association of American Physicians and Surgeons (AAPS) has challenged the Patient Protection and Affordable Care Act. The employer mandate requires that companies with over 50 full-time employees provide health care coverage to all employees and be diligent in reporting this information in the next couple years.

The individual healthcare mandate requiring self-employed individuals and others to purchase health insurance is scheduled to be implemented on January 1, 2014. The AAPS has asserted that forcing individuals to buy health insurance without having the protection of the Employer Mandate compels people to spend their funds on insurance policies rather than specific services from physicians.

The AAPS has put forth a separation of powers issue before the court. The AAPS has stated that the executive branch has violated the separation of powers framework by rewriting the laws and not allowing the Employer Mandate and individual mandate to occur at the same time.

There are numerous other lawsuits that have been filed to challenge provisions of the PPACA. The Eternal Word Television Network (EWTN) and Alabama Attorney General Luther Strange have filed a lawsuit to challenge the constitutionality of the PPACA. They are challenging the provision of the Act that mandates people to have birth-control coverage. Businesses like Hobby Lobby have also filed a lawsuit with the Supreme Court to urge the court to consider the constitutionality of the birth-control provisions in the PPACA.

In the past few years, the constitutionality of birth-control mandate provisions in the PPACA have been the central focus of much contention. In June 2012, the Supreme Court ruled that the PPACA was constitutional with its individual mandate provisions. If individuals do not purchase health insurance by January 1, 2014, then they may be subject to paying a tax fee to the IRS. The PPACA was entered into law in March 2010.

 

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