Government-mandated private health insurance
guayiya at bellsouth.net
Mon Feb 4 17:52:27 PST 2008
Was there not a practice of mandating firearm possession for members of
some State militias?
Edward Still wrote:
> 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
>>Loyola Law School
>>919 S. Albany St.
>>Los Angeles, CA 90015
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> Edward Still
> attorney & mediator
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