Government-mandated private health insurance

[guayiya]

Was there not a practice of mandating firearm possession for members of 
some State militias?
Daniel Hoffman

Edward Still wrote:

> 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 (link 
>> <http://www.mass.gov/legis/laws/seslaw06/sl060058.htm> ).  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
>>Email Policies:  
>>http://karl.us/email
>>    
>>
>> _______________________________________________
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>
>
> 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.edwardstill.com/>
>   http://www.votelaw.com/blog
>
>------------------------------------------------------------------------
>
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