Another ruling handed down on health insurance mandante

Posted on: Thursday, September 15, 2011

With so many decisions being rendered by judges regarding the constitutionality of the health insurance mandate, agents may be confused about how this will affect their insurance prospecting.

Unfortunately, the latest decision won't help clarify things.

Earlier this week, a federal judge in Pennsylvania ruled that requiring citizens to purchase health insurance violated the Constitution.

"The nation undoubtably faces a health care crisis," said U.S. District Judge Christopher Harrisburg regarding his decision rendered September 13. "The federal government, however, is one of limited enumerated powers, and Congress' efforts to remedy the ailing healthcare and health insurance markets must fit squarely within the boundaries of those powers."

Three appeals courts have made rulings on the proposed mandate since June 29. Two ruled against the healthcare bill, while one backed the provision.

Should the Pennsylvania ruling be appealed, the U.S. Appeals Court of Philadelphia would weigh in, according to Bloomberg.

While portions of the Affordable Care Act have already been enacted, the mandate portion of the bill won't go into effect until 2014. Many legal analysts believe the final decision will ultimately be made by the U.S. Supreme Court.

Posted In: Insurance News, Health Insurance

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