Can Congress Remove Health Care?

by | Last updated on January 24, 2024

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The Affordable Care Act (ACA), formally known as the Patient Protection and Affordable Care Act, and colloquially known as Obamacare, is

a landmark United States federal statute

enacted by the 111th United States Congress and signed into law by President Barack Obama on March 23, 2010.

What did the Trump Administration's tax Reconciliation Act of 2017 do to federal health insurance?

The bill would have repealed the individual mandate and the employer mandate, dramatically cut Medicaid spending and eligibility, eliminated tax credits for healthcare costs, abolished some taxes on high earners, and altered rules concerning pre-existing conditions and essential health benefits.

What is the current status of federal law in the US regarding health insurance?

coverage is

no longer mandatory at the federal level

, as of Jan. 1, 2019. Some states still require you to have health insurance coverage to avoid a tax penalty.

Who has constitutional right to health care?

Section 1. Health care, including care to prevent and treat illness, is the right of

all citizens of the United States

and necessary to ensure the strength of the Nation. Section 2. The Congress shall have power to enforce and implement this article by appropriate legislation.

Is there an amendment about health care?


Congresswoman Betty McCollum (DFL, MN-04) has introduced an amendment to the U.S. Constitution to make health care a right for all Americans

. The Health Care for All Amendment (H.J. Res.

Why were many senior citizens opposed to the Affordable Care Act?

The opposition to a government role in health care is based on the fact that that

the vast majority of our citizens do not trust their government

. Republicans are much less trusting of the federal government and much less supportive of a government role in health care than Democrats.

Has the Affordable Care Act been successful?


More than 20 million people have gained coverage as a result of the ACA

. It has dramatically reduced the uninsured rate. On the day President Obama signed the ACA, 16 percent of Americans were uninsured; in March 2020, it was nine percent.

Who pays for the Affordable Care Act?

Under the ACA,

the federal government

pays 100 percent of the coverage costs for those newly insured under Medicaid expansion.

Will there be a penalty for no health insurance in 2021?

Unlike in past tax years, if you didn't have coverage during 2021,

the fee no longer applies

. This means you don't need an exemption in order to avoid the penalty.

Is the Affordable Care Act still in effect 2021?

This repeal is still in effect in 2021, eliminating the fine for those without health insurance plans in most states.

A few states do have their own mandates in 2021, including California, Connecticut, Hawaii, Maryland, Minnesota, Rhode Island, and Washington

.

What is the penalty for not having health insurance in California 2021?

The penalty for not having coverage the entire year will be

at least $800 per adult and $400 per dependent child under 18 in the household

when you file your 2021 state income tax return in 2022. A family of four that goes uninsured for the whole year would face a penalty of at least $2,400.

What is Trumpcare?

Trumpcare is

the nickname for the American Health Care Act (AHCA)

. This plan was written by Republicans in the House of Representatives as a replacement plan for the ACA. The AHCA was voted on and passed in the House on May 4, 2017.

What is the Trumpcare plan?

Short-term plans, long-term danger? Often, the sales pitches for “Trumpcare” refer to

short-term insurance plans

, which offer limited benefits and often cost less than ACA plans, which by law must provide comprehensive insurance coverage.

What is Trump's health care plan?

President Trump's healthcare vision put American patients, families, and seniors first by

providing more choice, better care, and lower costs

. He worked from day one to put healthcare back where it belongs—in the hands of the American people.

What is 14th Amendment?

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Is healthcare a right or a privilege?

Article 25 of the United Nations Universal Declaration of Human Rights lists medical care as

a basic human right

. In addition, Pope Francis has spoken out that health care is not “a consumer good, but rather a universal right.”

What does the Constitution say about free health care?


The United States Constitution does not set forth an explicit right to health care

, and the Supreme Court has never interpreted the Constitution as guaranteeing a right to health care services from the government for those who cannot afford it.

Is health a constitutional right?


Public health regulations cannot violate a person's constitutional rights

. However, the public health powers granted to the states are broad. Governors can order quarantines during a public health emergency or direct people to stay in their homes, as long as there are exceptions for food and other necessities.

What is Section 27 of the Constitution?

27. (1) Everyone has the right to have access to— (a) health care services, including reproductive health care; (b) sufficient food and water; and (c) social security, including, if they are unable to support themselves and their dependants, appropriate social assistance.

Is it a constitutional right to refuse medical treatment?

The Fourteenth Amendment provides that no State shall “deprive any person of life, liberty, or property, without due process of law.”

The principle that a competent person has a constitutionally protected liberty interest in refusing unwanted medical treatment may be inferred from our prior decisions.

Why do doctors not like Obamacare?



It's a very unfair law

,” said Valenti. “It puts the onus on us to determine which patients have paid premiums.” Valenti said this provision is the main reason two-thirds of doctors don't accept ACA plans. “No one wants to work and have somebody take back their paycheck,” he said.

Why is the ACA controversial?

The ACA has been highly controversial, despite the positive outcomes.

Conservatives objected to the tax increases and higher insurance premiums needed to pay for Obamacare

. Some people in the healthcare industry are critical of the additional workload and costs placed on medical providers.

Who opposes universal health care?

But the state's largest association of doctors,

the California Medical Association

, opposes the bill. “It will disrupt people's health care at the worst possible time,” said Ned Wigglesworth, a spokesperson for Protect California Health Care, a coalition formed to oppose AB 1400.

Did Obamacare improve healthcare?

The ACA is the most consequential and comprehensive health care reform enacted since Medicare.

The ACA has gained a net increase in the number of individuals with insurance, primarily through Medicaid expansion

. The reduction in costs is an arguable achievement, while quality of care has seemingly not improved.

Is the Affordable Care Act a failure?


Not only did the ACA fail to control the rising cost of insurance, but it also failed to make health care and prescribed medicines affordable

. According to a West Health and Gallup, 30 percent of surveyed individuals did not seek needed medical treatment due to the cost from September to October 2021.

Did Obamacare increase taxes?


It's been estimated that the ACA will raise taxes by $813 billion over 10 years

. Over 12 of these new taxes will be on families making less than $250,000 a year.

James Park
Author
James Park
Dr. James Park is a medical doctor and health expert with a focus on disease prevention and wellness. He has written several publications on nutrition and fitness, and has been featured in various health magazines. Dr. Park's evidence-based approach to health will help you make informed decisions about your well-being.