“The judge, however, agreed with Virginia’s attorney general that the necessary-and-proper clause could not prop up an otherwise unconstitutional provision. Virginia argued, and the judge agreed, that the insurance requirement, by regulating inactivity rather than activity, exceeds the limits of the commerce clause.”

“One of the few programs already active in Obamacare is the Pre-Existing Condition Insurance Program, a temporary measure that provides money for states to establish high-risk health insurance pools for people with pre-existing conditions. Unfortunately, the program’s results so far leave much to be desired.”

“The regulatory state isn’t anything new, but the Obama administration is broadening and deepening it as a matter of philosophy and exigency. The administration has progressivism’s taste for rule by self-appointed experts, and now it has little choice but to work around a Republican-held House of Representatives to pursue its goals.”

Increase the tax on distributions from a health savings account or an Archer MSA that are not used for qualified medical expenses to 20% of the disbursed amount.

Exclude the costs for over-the-counter drugs not prescribed by a doctor from being reimbursed through an HRA or health FSA and from being reimbursed on a tax-free basis through an HSA or Archer Medical Savings Account.

Establish a national, voluntary insurance program for purchasing community living assistance services and supports (CLASS program).

Award five-year demonstration grants to states to develop, implement, and evaluate alternatives to current tort litigations.

Eliminate cost-sharing for Medicare covered preventive services that are recommended (rated A or B) by the U.S. Preventive Services Task Force and waive the Medicare deductible for colorectal cancer screening tests. Authorize the Secretary to modify or eliminate Medicare coverage of preventive services based on recommendations of the U.S. Preventive Services Task Force.

Provide Medicare beneficiaries access to a comprehensive health risk assessment and creation of a personalized prevention plan and provide incentives to Medicare and Medicaid beneficiaries to complete behavior modification programs.

Provide grants for up to five years to small employers that establish wellness programs.