Government-mandated private health insurance

[Edward Still]

Karl,

Think about Jacobsen v. Mass. (1906?).  There the 
Court upheld a law that required Jacobsen (or was 
it ..son?) get a smallpox vaccination.  His 
failure to do so meant that there was another 
vector for smallpox to spread.  Right now, an 
uninsured person might beat the odds, but there 
is that risk that he will show up at the county 
hospital with a disease for which the government 
may have to underwrite the treatement.

Ed Still


At 03:16 PM 2/4/2008, Karl Manheim wrote:
>Several existing and proposed state health 
>insurance programs (e.g., Massachussetts' 
>"Mandated Health Insurance Law") and Sen. 
>Clinton's proposed health plan require residents 
>to buy private health insurance.  For instance, 
>section 12 of ABX 1 (Gov. Schwarzenegger's 
>proposed "Health Care Security and Cost 
>Reduction Act," recently defeated in the 
>California Senate) would have added the following to the Government Code:
>
>§8899.50. (a) On and after July 1, 2010, every 
>California resident shall be enrolled in and 
>maintain at least minimum creditable coverage, 
>as defined by the Managed Risk Medical Insurance 
>Board pursuant to Section 12739.50 of the 
>Insurance Code, unless otherwise exempt pursuant to subdivision (d).
>  ---
>(d) An individual shall not be subject to the 
>requirements of subdivisions (a) and (b) if the 
>Managed Risk Medical Insurance Board, pursuant 
>to Section 12739.501 of the Insurance Code, 
>determines that health care coverage meeting the 
>definition of minimum creditable coverage is not 
>affordable for that individual ...."
>
>
>The Mass. law is similar 
>(<http://www.mass.gov/legis/laws/seslaw06/sl060058.htm>link). 
>I am trying to think of another situation where 
>government mandates private consumption of 
>private goods.  Of course, insurance mandates 
>are often attached as conditions to engaging in 
>business or obtaining a discretionary government 
>benefit (e.g., auto insurance in order to 
>register a vehicle).  And government can tax to 
>provide insurance benefits (e.g., 
>medicare).  But I'm coming up blank on pure non-conditional private mandates.
>
>Do such private mandates raise any due process 
>or takings clause concerns?  Could I be 
>penalized if I decided to "go bare" 
>(self-insure, or prefer to obtain my medical 
>care in Canada, say) in violation of such a mandate?
>
>Thanx for any ideas.  Karl
>
>--
>
>
>Karl Manheim
>Loyola Law School
>919 S. Albany St.
>Los Angeles, CA  90015
>Tel:   213-736-1106
>Web:   <http://faculty.lls.edu/manheim>http://faculty.lls.edu/manheim
>Email Policies:   <http://karl.us/email>http://karl.us/email
>_______________________________________________
>To post, send message to Conlawprof at lists.ucla.edu
>To subscribe, unsubscribe, change options, or 
>get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof
>
>Please note that messages sent to this large 
>list cannot be viewed as private.  Anyone can 
>subscribe to the list and read messages that are 
>posted; people can read the Web archives; and 
>list members can (rightly or wrongly) forward the messages to others.


Edward Still
attorney & mediator
Suite 201
2112 11th Avenue South
Birmingham AL 35205
   phone 205-320-2882
   fax toll free 1-877-264-5513
   still at votelaw.com
  http://www.EdwardStill.com
  http://www.votelaw.com/blog

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.ucla.edu/pipermail/conlawprof/attachments/20080204/09a0baf1/attachment.htm