Understanding the ACA Arguments
bill.araiza at brooklaw.edu
Wed Mar 21 12:27:10 PDT 2012
Indeed, isn't the problem even more intractable, because people who receive ER care are very often likely to be unable to produce their insurance cards or anything else that might identify them as being in the system?
From: conlawprof-bounces at lists.ucla.edu [mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Doug Edlin
Sent: Wednesday, March 21, 2012 3:18 PM
To: conlawprof at lists.ucla.edu
Subject: Re: Understanding the ACA Arguments
So let me see if I understand the argument about Congress revoking the Emergency Medical Treatment Act. Imagine a gravely injured victim of a car accident is brought to an emergency room. The health care professional on call that evening determines that this person is not in the system. So the nurse or physician leaves the accident victim to die on the sidewalk outside the hospital. That's what we should prefer as an outcome?
On 3/21/2012 2:52 PM, Rick Duncan wrote:
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:
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Douglas E. Edlin
Department of Political Science
P.O. Box 1773
Carlisle, Pennsylvania 17013
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