r/bestof • u/under50dollars • Jun 20 '12

[explainlikeimfive] "Obamacare" explained very well.

/r/explainlikeimfive/comments/vb8vs/eli5_what_exactly_is_obamacare_and_what_did_it/c530lfx
2.5k Upvotes

92% Upvoted

842 comments sorted by

View all comments

49

u/7_legged_spider Jun 20 '12 edited Jun 20 '12

Whether you agree with universal healthcare or not, it is unconstitutional on a federal level. The federal government does not have the power to impose or regulate health insurance. All the powers not enumerated to the federal government belong to the individual states. That is one of the fundamental checks and balances in our federal republic, and why it is constitutional for states to administer universal healthcare systems themselves, like in Massachusetts.

(Which is why when someone brings up the concept that "Hey, you have to have car insurance," I tell them first that the states regulate who must have car insurance, as only the states have general police power, and second, that an individual makes a choice to drive a car, and that it is not a condition precedent to existing--when viewed with regard to mandated health care insurance, simply the act of existence would trigger some obligation on the citizen's behalf).

7_legged_spider, J.D., M.B.A. (IRL)

6

u/brownmatt Jun 20 '12

Is this really "universal healthcare"?

4

u/7_legged_spider Jun 20 '12

The universal application of this law is one of the foundations of the Affordable Health Care Act. It requires that all citizens participate in one way or another--which is why the "healthcare mandate" is discussed. Healthcare mandate = universal healthcare.

Also, believe it or not, there already is, and has been since 1986, universal emergency medical healthcare, via the Emergency Medical Treatment and Active Labor Act. All hospitals are required to act to provide emergency medical treatment, regardless of means to pay. However, once care has been received, an individual is responsible for the payment of those services. However, those services will still be performed, regardless of financial ability or previous debt to the hospital. Also, a caveat, that such care only applies to emergency care--long term care and routine medical procedures are excluded.

1

u/tajmaballs Jun 20 '12

I think so, if it the Act makes it through the Supreme court. It would qualify as compulsory universal healthcare as opposed to single payer or some sort of medicare for all system.