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06/03/2012

Pivotal point arrives for federal reform

Supreme Court set to decide this week

It's a picture of government on the loose, or pouring mercy on the needy.

It's the Affordable Care Act, alias health reform, alias ObamaCare.

Congress passed it in March 2010. In March 2012, the Supreme Court heard arguments for and against the law. Court watchers predicted a ruling in June, so now South Dakota and the nation are waiting.The nine justices examined several issues, including the law's individual mandate, a proviso that would force most American citizens to buy health insurance or else pay a penalty. About 70,000 South Dakotans do not carry health insurance, according to Market Decisions research for the governor's office.

 

A look at what the U.S. Supreme Court will consider in its ruling on the Affordable Health Care Act:

1. Are the lawsuits premature?
The court must first decide whether the lawsuits challenging the law are premature, because of an 1867 law that says lawsuits targeting new taxes must wait until the taxes are imposed.

2. Can Congress compel citizens to buy insurance with the individual mandate? The most closely watched argument is whether Congress exceeded its constitutional authority with the health care law's requirement that most individuals either buy insurance or pay a fee.

3. Can the rest of the law survive if part of it is struck down?
If the court strikes down part of the law, it must decide whether the rest of the law still can survive.

4. Can Congress force states to expand Medicaid by threatening to withhold money?
The nine justices will separately decide whether Congress can use the threat of withholding money to coerce states into expanding Medicaid coverage, a crucial issue that hasn't gained as much attention as the individual mandate.

The arguments center on the issue of whether the government can regulate economic inactivity, such as someone's wish not to buy insurance.

The legal answer is in the U.S. Constitution.

But the practical answer is on North Main Avenue in Sioux Falls. Half of the 13,000 people who make 44,000 visits a year to Falls Community Health have no insurance. The clinic is a safety net for them, offering a variety of basic medical assistance generally for a $15 copay and a fee based on income.

"Many of them say they like our services, but there's a gap if something catastrophic happens," said Katie Wick, clinical services manager at Falls Community Health. The health reform law could help some of them with its promise to make insurance available to all, even those with medical problems that until now put insurance coverage out of reach.

The answer also is in the story of Casey Solem, 25, who graduated two years ago with a criminal justice degree from Dakota Wesleyan University. He's had two jobs since then, neither offering insurance he could afford. It would have been $250 a month on top of $400 in college loan payments. Now, Solem has been hired to work with people with developmental disabilities at Volunteers of America.

"They have great insurance," he said. His problem is solved. For other graduates not so fortunate, the health bill now lets them stay on their parents' insurance plans through age 25.

Written by
Jon Walker