health insurance: Reform

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Va. Federal Judge Rejects Liberty University's Challenge To Health Reform Law

The Washington Post: "A federal judge in Virginia ruled Tuesday that the new health-care overhaul law is constitutional, dismissing a lawsuit filed by Liberty University in Lynchburg that had challenged the statute." The lawsuit argued that Congress does not have the authority to require employers to offer health insurance and "was also filed on behalf of two individuals who object to the law's requirements that all individuals purchase insurance by 2014 or face a fine." U.S. District Judge Norman K. Moon "ruled that the law falls within Congress's constitutional ability to regulate interstate trade" (Helderman, 11/30).

The New York Times: The ruling marks the second time in two months a federal judge has upheld the constitutionality of the health care law and two others are expected to rule in the coming months. "Last month, in a separate case, Judge George C. Steeh of Federal District Court in Detroit also upheld the law. ... Lawyers on both sides expect that the Supreme Court may eventually have to decide among conflicting lower-court opinions." Disagreeing with the plaintiff's argument that the law would regulate inactivity, "Judge Moon embraced arguments made by the Justice Department. 'Far from 'inactivity,' he wrote, 'by choosing to forgo insurance, plaintiffs are making an economic decision to try to pay for health care services later, out of pocket, rather than now, through the purchase of insurance'" (Sack, 11/30).

The Associated Press: "University law school dean Mathew Staver said in a telephone interview that he will promptly appeal the ruling to the 4th U.S. Circuit Court of Appeals in Richmond." The White House responded in a blog post: "In the weeks ahead, there will be additional court cases. ... We can't predict the outcome of each case, but we are confident that we will ultimately prevail in court and continue to deliver the benefits of reform to the American people" (O'Dell, 11/30).

Politico: Liberty University also "argued that the legislation's requirement that nearly all Americans purchase insurance coverage and its incentives for large employers to cover employees would allow the university's money to cover abortions, violating the religious values of the institution. The court flatly rejected that argument. 'The Act explicitly states that no plan is required to cover any form of abortion services,'" the judge said (Haberkorn, 11/30).

Bloomberg: "The case is one of several challenges to the health-care act, including a lawsuit filed in Florida federal court by 20 states. A separate action filed by Virginia Attorney General Kenneth Cuccinelli is before a federal judge in Richmond." A ruling is expected in that case by the end of the year (Fisk, 12/1).

This information was reprinted from kaiserhealthnews.org with kind permission from the Henry J. Kaiser Family Foundation. You can view the entire Kaiser Daily Health Policy Report, search the archives and sign up for email delivery at kaiserhealthnews

Federal Judge Dismisses Lawsuit Claiming Health Reform Law Funds Abortions

a federal judge in Virginia dismissed Liberty University's lawsuit that argued the federal health reform law (PL 111-148) is unconstitutional and would permit the religious institution's insurance payments to cover abortion services, Politico reports.

The Lynchburg, Va., Christian university was joined in the suit by five individuals who argued that the law's coverage mandates exceed Congress' authority and violate the Constitution. The federal government argued that the university did not have a right to file the suit and that the issues are not ready for trial, according to Politico.

Details of Ruling

In his opinion, U.S. District Judge Norman Moon "flatly rejected" Liberty's claim that the law allows the school's funds to cover abortion services. He wrote, "The act explicitly states that no plan is required to cover any form of abortion services" (Haberkorn, Politico, 11/30). Moon said Liberty did not establish how any of the law's required payments, fines or fees might be used to fund abortion care.

Moon also ruled that the law falls within Congress' constitutional ability to regulate interstate commerce. He wrote that even if individuals are uninsured, they are engaged in economic activity because they will inevitably need health services -- the costs of which will be borne by the rest of the health care system (Helderman, Washington Post, 11/30).

Other Suits Pending

Liberty's lawsuit is one of 15 suits challenging the health reform law. Many experts believe the issue ultimately will be argued before the U.S. Supreme Court (Washington Post, 11/30). The two major challenges to the individual mandate -- a lawsuit brought by Virginia Attorney General Ken Cuccinelli (R) and another brought by 21 states -- are moving forward (Pecquet, "Healthwatch," The Hill, 11/30). U.S. District Judge Henry Hudson has said he expects to rule on Cuccinelli's suit by the end of the year (AP/NPR, 11/30).

Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women's Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women's Health Policy Report is a free service of the National Partnership for Women & Families.

Today's Op-Eds: Preventing Hospital Errors; Myths About The Reform Law; Medicare And The Independent Payment Advisory Board

Keep Focus On Health Care Quality, Cost Greenbay Press Gazette
No matter what happens with health care reform, the principles we've been discussing the past few months still hold true. Health care systems should continue to focus on quality and cost. When health care dollars are used with best practices that result in better outcomes, there are fewer complications and lower mortality. Individuals, health care providers and community members must continue to focus on personal wellness and making healthy decisions (12/2).

Moment Of Decision The Washington Post
The [presidential deficit reduction commission's] plan is not perfect, but ... [i]t would tackle wasteful defense spending and agriculture subsidies and seek to control health-care costs by bolstering the powers of the Medicare advisory board created by the new health-care law. It would shield programs for the disadvantaged from cuts (12/2).

The Un-Sensible Common Ground The New York Times
A good plan would acknowledge that the recent health reform law represents the best shot at curbing the inexorable rise in health costs and deficits, and that repealing or obstructing the law, as Republicans aim to do, is antithetical to deficit reduction (12/1).

Seniors' Health Care Under Fire The Denver Post
[E]ven the most savvy observers are unaware that the law's biggest effect will come from a relatively small and little-known provision creating the Independent Payment Advisory Board. ... Given what's at stake with IPAB's decisions, Colorado voters should work with elected officials to make them accountable for decisions that affect their health care. The panel's recommendations carry the force of law, even when they conflict with laws passed by Congress (Eileen Doherty, 12/2).

Medicaid: Cuts Go Back To The Future? The (Miss.) Clarion Ledger
This will be another long budget battle - but at the end of the day, it's clear that cutting the Medicaid budget in the poorest state in the union during the worst recession since the Great Depression will have dire health consequences for Mississippi's poor at a time of high unemployment and increased Medicaid demand (12/2).

The Senate's Object Lesson For GOP Health Law Repeal Hopes Kaiser Health News
Critics of health care reform this week thought they would get their first win in the campaign to repeal the Patient Protection and Affordable Care Act. Instead they got a lesson in just how politically challenging a wholesale repeal might be (Jonathan Cohn, 12/1).

Medicaid Agency Cleaning Up Act The Lexington Herald-Leader
Every dollar Passport receives comes from state or federal taxes and is meant to be spent administering Medicaid services. In effect, then, Passport was diverting Medicaid dollars from the intended purpose and spending them on lobbying designed to keep its Medicaid dollars pipeline open to the max. Eliminating the use of contract lobbyists was one of the demands the Beshear administration made in the wake of the the audit report (12/2).

Republican Governors Want Health Law Flexibility, Could Help Insurers With Reform

The Wall Street Journal: "More than a dozen Republican governors-elect plotted ways to unravel the Democrats' health-care overhaul and to give states more freedom in regulating programs like Medicaid during a meeting late Wednesday with incoming Speaker John Boehner and Senate Minority Leader Mitch McConnell. ... From Pennsylvania to New Mexico, newly elected Republican governors are preparing to tackle huge budget deficits at a time of high unemployment and shrinking federal money" (King, 12/1).

Bloomberg/Indianapolis Business Journal: The Republican governors, who will control 29 states in January, could help insurers deal with the health law, and as a result, they "may face fewer restrictions and pay out less in benefits, said Michael Leavitt, a former health secretary under President George W. Bush. ... The health-care law requires insurers to spend at least 80 percent of policy premiums on patient care, instead of profits or administrative costs. Governors next year can request a waiver from the federal government if they conclude the mandate will destabilize insurance markets, said Leavitt, now a consultant to states and hospitals" (12/1).

The Hill reports, meanwhile, that Tea Party lawmakers that were elected in November are "balking at the House Republican leadership's plan to simultaneously repeal and replace President Obama's healthcare law. The resistance from conservative lawmakers is a clear indication of the challenge Republican leaders face in their uphill battle to rescind the law. The emerging friction in the GOP conference also reflects the difficult transition from campaigning in the minority party to governing in the majority." Some lawmakers simply want repeal of the law. Tea party members like Michele Bachmann, R-Minn., want "to make that argument why free-market healthcare is a good thing," she said, while GOP party leadership like incoming House Majority Leader Eric Cantor, R-Va., said leadership will offer a replacement health bill (Hooper, 12/1).

Kaiser Health News: And the roles of health players in influencing the health law debate are becoming more clear. "The drug industry's chief lobbyists - the Pharmaceutical Research and Manufacturers of America - raised and spent at least $101.2 million in 2009 on advocacy efforts during the contentious health care debate, according to IRS documents the group filed in mid-November. Former PhRMA CEO Billy Tauzin says the lobby used the money - special contributions from member companies - for broadcast and print advertising, grassroots and direct lobbying, polling and consulting" (Vaida and Weaver, 12/1).