Understanding the ACA Arguments

[Rick Duncan]

You do not need an individual mandate to deal with the free rider problem.

You could provide that anyone who does not sign on to Obamacare by a date certain will not be eligible for protection against pre-existing conditions if he tries to sign up later on down the road.

This regulates actual health insurance activity, rather than regulating non-action in the present based upon the prediction of action in the future. Also, Congress could provide that hospitals are not required to provide free care to anyone who is not in the system.


Prof. Rick Duncan (Nebraska Law)

See my recent paper on The Tea Party, federalism, and liberty at:
   http://ssrn.com/abstract=1984699


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.ucla.edu/pipermail/conlawprof/attachments/20120321/7c2c492f/attachment.html>