“The crux of these cases is whether the government’s power to regulate ‘Commerce . . . among the several States’ is so broad that it can mandate that everyone buy health insurance. Judge Gladys Kessler of the D.C. district court says in her 64-page opinion that this power includes regulating even ‘mental activity, i.e., decision-making.'”
“2011 has commenced and even though New Year’s cards may still remain prominently displayed on the kitchen table, a newly implemented provision of the health care overhaul law likely has some physicians and patients across the country yearning for the good old days of 2010. As of January 1, 2011, the Patient Protection and Affordable Care Act (PPACA) states patients with flexible savings accounts (FSAs) and health savings accounts (HSAs) can no longer use these tax-sheltered vehicles to purchase over-the-counter (OTC) medicines without a doctor’s prescription. This legislation will adversely impact physicians, patients, health care costs, and flies in the face of the enabling law that established these programs.”
“The Wyden–Brown legislation is thus much less than meets the eye. In practice, it will not grant the states, especially conservative ones, the degree of flexibility that Wyden claims, nor will it defuse state resistance to major parts of the ACA.”
“It’s significant that the president is finally acknowledging that ObamaCare is unworkable and will impose enormous burdens on the states. Or is he?
A closer look shows that the president is not lifting the burdensome requirements ObamaCare imposes on states. All he’s doing is proposing to move up, from 2017 to 2014, the date on which states can apply for federal permission to impose a different but equivalently or more coercive plan to expand health insurance coverage.”
“At issue is a provision in the health-overhaul law enacted in 2010 that says states can’t limit Medicaid eligibility or else they’ll lose federal funding.
As a result, every one of the country’s 29 Republican governors has asked the federal government to waive the requirement, with New Jersey penciling a waiver into its budget. Some states with Democratic governors, including Washington, are also quietly pressing for the change.”