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{{Main|Health care reform in the United States presidential election, 2008}}
{{Main|Health care reform in the United States presidential election, 2008}}


==2010 Reform details==
==Future of the reform: Provisions of the legislation signed in March 2010==
{{Main|Patient Protection and Affordable Care Act|Health Care and Education Reconciliation Act of 2010}}
{{Main|Patient Protection and Affordable Care Act|Health Care and Education Reconciliation Act of 2010}}



Revision as of 16:24, 1 September 2010

Recent Health care reform in the United States has been enacted via two bills: the Patient Protection and Affordable Care Act (known as the "Senate bill"), which became law on March 23, 2010[1][2] and was shortly thereafter amended by the Health Care and Education Reconciliation Act of 2010 (H.R. 4872) (which became law on March 30). No Republicans supported either bill.[3]

Reuters and CNN summarized the March 2010 reforms and the year in which they take effect.[4][5]

History of national reform efforts

Here is a summary of reform achievements at the national level. For failed efforts, State based efforts, native tribes services and more details generally, see the main article History of health care reform in the United States.

  • 1965 President Lyndon Johnson enacted legislation which introduced Medicare, covering both hospital and general medical insurance for senior citizens paid for by a Federal employment tax over the working life of the retiree, and Medicaid permitted the Federal government to part fund a program for the poor, with the program managed and co-financed by the individual states. [6][7]
  • 1997 The State Children's Health Insurance Program, or SCHIP, was established by the federal government in 1997 to provide health insurance to children in families at or below 200 percent of the federal poverty line.[9]
  • 2010 The Patient Protection and Affordable Care Act is enacted by President Obama providing for the phased introduction over 4 years of a comprehensive system of mandated health insurance with reforms designed to eliminating "some of the worst practices of the insurance companies" - pre-condition screening and premium loadings, policy recinds on technicalities when illness seems, lifetime and annual coverage caps, and sets a minimum ratio of direct health care spend to premium income. Price competition bolstered by the creation of three standard insurance coverage levels to enable like-for-like comparisons by consumers, and a web based health insurance exchange where consumers can compare prices and purchase plans. System preserves private insurance and private health care providers and provides more subsidies to enable the poor to buy insurance.

Recent reform drivers and issues

U.S. healthcare costs exceed those of other countries, relative to the size of the economy or GDP.

Affordability and insurance coverage has been a key issue. Current figures estimate that spending on health care in the U.S. is about 16% of its GDP.[10][11] Health care costs are rising faster than wages or inflation, and the health share of GDP is expected to continue its upward trend, reaching 19.5% of GDP by 2017.[10] The United States spends more on health care than any major country by far. In 2007 this was $7,290 per capita which was more than twice that spent in similar advanced countries such as France, Germany, or Sweden.[12] Despite this heavy spending, the actual use of health care services in the U.S., by most measures of health services use, was below the median among the world's developed countries.[13] Warren Buffett said that the high costs paid by U.S. companies for their employees’ health care put them at a competitive disadvantage. He compared the roughly 17% of GDP spent by the U.S. on health care with the 9% of GDP spent by much of the rest of the world, noted that the U.S. has fewer doctors and nurses per person, and said, “that kind of a cost, compared with the rest of the world, is like a tapeworm eating at our economic body.”[14] Until the recent reforms, the United States was the "only wealthy, industrialized nation that does not ensure that all citizens have coverage".[15] According to a study from Cambridge Hospital, Harvard Law School and Ohio University, 62% of all 2007 personal bankruptcies in the United States were due to an inability to pay medical costs.[16] Medical impoverishment is almost unheard of in wealthy countries other than the US[17] In 2009 the Census Bureau estimated that there were 47 million Americans who did not have any health insurance at all.[18]

U.S. life expectancy is 38th in the world, after most developed nations, lagging last of the G7 (Canada, France, Germany, Italy, Japan, U.K., U.S.) and just after Chile (35th) and Cuba (37th).[19] and a worse infant mortality rate than the European Union with 6.26 per 1000 live births compared to 5.72 for the European Union.[20] The Center for Disease Control and Prevention (CDC) suggests that higher rates of infant mortality in the U.S. were "due in large part to disparities which continue to exist among various racial and ethnic groups in this country, particularly African Americans".[21] Yet another measure is Disability-Adjusted Life Years (DALY). According to Jonathan Cohn, health care scholars prefer these more "finely tuned" statistical measures for international comparisons in place of the relatively "crude" infant mortality and life expectancy.[22]

The health-care legislation signed into law in March 2010, is estimated to result in an estimated 32 million additional citizens being insured by 2019 than would otherwise have been the case, but would still leave and estimated 23 million without coverage.[23] In 2007 some 15.3% of the population, or 45.7 million people had been without any form of health insurance.[24][25] Prior to the passage of the 2010 legislation, the average family was reckoned to pay an additional $1,000 per year in insurance premiums to cover the uninsured.[26] More than 44,800 excess deaths annually were thought to be associated with lack of insurance.[27][28] More broadly, a 1997 analysis estimated the number of people in the United States—insured and uninsured—who die per year because of lack of medical care was nearly 100,000.[29]

According to the Institute of Medicine of the United States National Academies, the United States is the "only wealthy, industrialized nation that does not ensure that all citizens have coverage".[15] A 2009 Harvard study published in the American Journal of Public Health found more than 44,800 excess deaths annually in the United States associated with lack of insurance.[30][31] More broadly, a 1997 analysis estimated the number of people in the United States—insured and uninsured—who die per year because of lack of medical care was nearly 100,000.[32]

Political positions of the main parties

The main political opposition to the passing of health care reform legislation in 2010 came from the Republican party and similar groupings on the right of American politics such as the Tea party movement. In the most tightly contested vote for the final passage of the bill prior to reconciliation, not a single republican in the House or Senate voted in favor of the bill. [33]. This opposition was broadly based on objections to rises in taxation, especially of the so-called "Cadillac insurance plans" and the corollary increase in government spending on affordability subsidies. The GOP also objected to a new Health Insurance Rate Authority that would determine whether rate increases were "unreasonable" and to enforced rebates or premium reductions, and to any proposal that might have allowed government funds to subsidize abortion. [34]

On the other side, the President gave, in his State of the Union Address held just before the final passage of the bill, his reasons for taking on the issue of health care. He said it was because of the stories that he had heard from Americans with pre-existing conditions whose lives depend on getting insurance coverage; stories of patients being denied coverage, and of families with insurance who are just one illness away from financial ruin. He said that the approach being taken would protect every American from the worst practices of the insurance industry. He said it would give small businesses and uninsured Americans a chance to choose an affordable health care plan in a competitive market. He claimed that if they did nothing, millions of Americans would lose their health care this year and the deficit would grow. He said that premiums would up and patients would be denied the care they need, and that small business owners would continue to drop coverage altogether. He said he would not walk away from those Americans. And he urged others in congress not to do so either. He claimed that doctors and nurses in the health care system, that know the system best, consider this (legislation) a vast improvement over the status quo. He challenged anyone, from either party, with a better plan that would bring down premiums, bring down the deficit, cover the uninsured, strengthen Medicare for seniors, and stop insurance company abuses, to let him know, because he was eager to see it. [35]


Public policy debate

Lobbying

According to President Obama, America's health insurance industry has spent hundreds of millions of dollars to block the introduction of public medical insurance and stall other proposed legislation.[36] There are six registered health care lobbyists for every member of Congress.[37] The campaign against health care reform has been waged in part through substantial donations to key politicians. The single largest recipient of health industry political donations and chairman of the Senate Committee on Finance that drafted Senate health care legislation is Senator Max Baucus (D-MT).[38] A single health insurance company, Aetna, has contributed more than $110,000 to one legislator, Senator Joe Lieberman (ID-CT), in 2009.[39]

Health reform and the 2008 presidential election

2010 Reform details

Key provisions of the health-care legislation passed in March 2010 are:[4]

Within one year of enactment (2010-2011)

  • Insurance companies barred from dropping people from coverage when they get sick, ending the practice of rescission. Lifetime coverage limits eliminated and annual limits restricted.
  • Young adults able to stay on their parents' health plans until age 26. Many health plans currently drop dependents from coverage when they turn 19 or finish college.
  • Uninsured adults with pre-existing conditions will be able to obtain health coverage through a new program that will expire once new insurance exchanges begin operating in 2014.
  • Insurance companies cannot deny group or new (non-grandfathered) individual coverage to children under age 19, due to a pre-existing condition.[40]
  • A temporary reinsurance program is created to help companies maintain health coverage for early retirees between the ages of 55 and 64. This also expires in 2014.
  • Medicare drug beneficiaries who fall into the "doughnut hole" coverage gap will get a $250 rebate. The bill eventually closes that gap which currently begins after $2,700 is spent on drugs. Coverage starts again after $6,154 is spent.
  • A tax credit becomes available for some small businesses to help provide coverage for workers.
  • A 10% tax on indoor tanning services that use ultraviolet lamps goes into effect on July 1.

Effective during 2011

  • Medicare provides 10% bonus payments to primary care physicians and general surgeons.
  • Medicare will cover the full cost of annual wellness visits and personalized prevention plan services for beneficiaries. New health plans will be required to cover preventive services with little or no cost to patients.
  • A new program under the Medicaid plan for the poor goes into effect in October that allows states to offer home and community based care for the disabled that might otherwise require institutional care.
  • Payments to insurers offering Medicare Advantage services are frozen at 2010 levels. These payments are to be gradually reduced to bring them more in line with traditional Medicare.
  • Employers are required to disclose the value of health benefits on employees' W-2 tax forms.
  • An annual fee is imposed on pharmaceutical companies according to market share. The fee does not apply to companies with sales of $5 million or less.

Effective as of 2012

  • Physician payment reforms are implemented in Medicare to enhance primary care services and encourage doctors to form "accountable care organizations" to improve quality and efficiency of care.
  • An incentive program is established in Medicare for acute care hospitals to improve quality outcomes.
  • The Centers for Medicare and Medicaid Services, which oversees the government programs, begin tracking hospital readmission rates and puts in place financial incentives to reduce preventable readmissions.
  • Companies will be required to issue 1099 forms to any vendor of services or rental property to which the business has paid more than $600. Form 1099 is also sent to the IRS. Under the existing law, businesses issued the Form 1099 only to individuals who provided services or property to a business. The healthcare law included the same form be issued to corporations as well, and that the form be issued to individuals and corporations that provide property to the business.[41][42] Only business related payments are reportable, personal payments not.[43] There is number of exceptions, for example: payments for merchandise, telephone, freight, storage, payments of rent to real estate agents are excepted.[43] The health care bill mandate aims to collect lost revenue from companies that under-report on their tax returns. The provision is expected to raise $17 billion over 10 years.[44]

Effective as of 2013

  • A national pilot program is established for Medicare on payment bundling to encourage doctors, hospitals and other care providers to better coordinate patient care.
  • The threshold for claiming medical expenses on itemized tax returns is raised to 10% from 7.5% of income. The threshold remains at 7.5% for the elderly through 2016.
  • The Medicare payroll tax is raised to 2.35% from 1.45% for individuals earning more than $200,000 and married couples with incomes over $250,000. The tax is imposed on some investment income for that income group.
  • A 2.9% excise tax is imposed on the sale of medical devices. Anything generally purchased at the retail level by the public is excluded from the tax.

Effective as of 2014

  • State health insurance exchanges for small businesses and individuals open.
  • Individuals with income up to 133% of the federal poverty level qualify for Medicaid coverage.
  • Healthcare tax credits become available to help people with incomes up to 400 percent of poverty purchase coverage on the exchange.
  • Premium cap for maximum "out-of-pocket" pay will be established for people with incomes up to 400 percent of FPL.[45][46] Section 1401 of PPACA explains that the subsidy will be provided as a advanceble, refundable tax credit[47] and gives a formula for it calculation.[48] Refundable tax credit is a way to provide government benefit to people even with no tax liability[49] (example: Child Tax Credit). According to White House and Congressional Budget Office the maximum share of income that enrollees would have to pay for the "silver" healthcare plan would vary depending on their income relative to the federal poverty level, as follows:[50][51] for families with income 133–150% of FPL will be 4-4.7% of income, for families with income 150–200% of FPL will be 4.7-6.5% of income, for families with income 200–250% of FPL will be 6.5-8.4% of income, for families with income 250-300% of FPL will be 8.4-10.2% of income, for families with income from 300-400% of FPL will be 10.2% of income. In 2016,the FPL is projected to equal about $11,800 for a single person and about $24,000 for family of four.[50] See Subsidy Calculator for specific dollar amount.[52]
  • Most people required to obtain health insurance coverage or pay a tax if they don't.
  • Health plans no longer can exclude people from coverage due to pre-existing conditions.
  • Employers with 50 or more workers who do not offer coverage face a fine of $2,000 for each employee if any worker receives subsidized insurance on the exchange. The first 30 employees aren't counted for the fine.
  • Health insurance companies begin paying a fee based on their market share.

Effective 2015

  • Medicare creates a physician payment program aimed at rewarding quality of care rather than volume of services.

Effective 2018

  • An excise tax on high cost employer-provided plans is imposed. The first $27,500 of a family plan and $10,200 for individual coverage is exempt from the tax. Higher levels are set for plans covering retirees and people in high risk professions.

Legal challenges

Main article: Patient Protection and Affordable Care Act: Legal challenges

As Congressional approval neared, opponents of health care reform shifted from parliamentary and procedural opposition to challenge the constitutionality of the legislation. The Virginia General Assembly passed the Virginia Health Care Freedom Act before Congress completed action on its bill. Governor Robert F. McDonnell signed that law on March 24, prior to House approval of the reconciliation bill.[53] The Virginia law prohibits any individual from being required to purchase health insurance. On March 17, 2010, Virginia Attorney General Ken Cuccinelli sent Speaker Pelosi a letter threatening constitutional challenge to the enactment of the bill if the House used a self-implementing rule and deemed the Senate bill to pass.[54] On March 23, 2010, Cuccinelli filed Commonwealth v. Sebelius in the Federal District Court for the Eastern District of Virginia challenging the Constitutionality of the insurance requirement.[55] Also on March 23, 2010, the Attorney General of Florida, together with the States of South Carolina, Nebraska, Texas, Utah, Louisiana, Alabama, Michigan, Colorado, Pennsylvania, Washington, Idaho and South Dakota filed a joint law suit in a Florida district court also challenging the new law.[56]

Some Constitutional law professors and commentators in the press have opined that the lawsuits and state laws are unlikely to succeed.[57][58][59][60] However, other Constitutional law professors and other legal experts maintain that the health insurance mandate (the requirement that individuals purchase insurance, or face a penalty) is, in fact, unconstitutional.[61][62]

On August 2, 2010, District Court Judge Henry Hudson, presiding over Virginia's lawsuit challenging the Obama administration's health care reform package, denied the Justice Department's attempt to have that lawsuit dismissed, stating that Virginia's case raises Constitutional issues - mainly whether Congress has the right under the Commerce Clause to regulate and tax a person's decision not to participate in interstate commerce.[63]

See also

Further reading

Books

  • Christensen, Clayton Hwang MD, Jason, Grossman MD, Jerome, The Innovator's Prescription, McGraw Hill, 2009. ISBN 978-0-07-159208-6
  • Mahar, Maggie, Money-Driven Medicine: The Real Reason Health Care Costs So Much, Harper/Collins, 2006. ISBN 978-0-06-076533-0
  • Starr, Paul, The Social Transformation of American Medicine, Basic Books, 1982. ISBN 0-465-07934-2
  • Malhotra, Umang, Solving the American Healthcare Crisis, iUniverse, 2010. ISBN 978-1-4401-8018-7
  • Reid, T.R. (2009). The Healing of America: A Global Quest for Better, Cheaper and Fairer Health Care. Penquin Books. ISBN 978-1594202346. {{cite book}}: |access-date= requires |url= (help)

Articles and links

References

  1. ^ Stolberg, Sheryl Gay (March 23, 2010). "Obama Signs Health Care Overhaul Bill, With a Flourish". The New York Times. Retrieved March 23, 2010.
  2. ^ Pear, Robert; Herszenhorn, David M. (March 22, 2010). "Obama Hails Vote on Health Care as Answering 'the Call of History'". The New York Times. Retrieved March 22, 2010. With the 219-to-212 vote, the House gave final approval to legislation passed by the Senate on Christmas Eve.
  3. ^ Lochhead, Carolyn (March 22, 2010). ""Houses passes health care bill 219-212". San Francisco Chronicle. Archived from the original on March 23, 2010. Retrieved March 23, 2010. No Republicans supported the bill.
  4. ^ a b Reuters-Factbox-U.S. Healthcare Bill Would Provide Immediate Benefits-March 19, 2010
  5. ^ CNN-Timeline-When Healthcare Reform Will Affect You-March 23, 2010
  6. ^ http://seniorjournal.com/NEWS/2000%20Files/Aug%2000/FTR-08-04-00MedCarHistry.htm Brief History of Medicare
  7. ^ Robert M. Ball, the then Deputy Director of the Bureau of Old-Age and Survivors Insurance in the Social Security Administration had defined the major obstacle to financing health insurance for the elderly several years earlier. The high cost of care for the aged combined with the generally low incomes of retired people. Because retired older people use much more medical care than younger employed people, an insurance premium related to the risk for older people needed to be high, but if the high premium had to be paid after retirement, when incomes are low, it was an almost impossible burden for the average person. The only feasible approach, he said, was to finance health insurance in the same way as cash benefits for retirement, by contributions paid while at work, when the payments are least burdensome, with the protection furnished in retirement without further payment. http://www.ssa.gov/history/churches.html The role of Social Insurance in preventing economic dependency Robert Ball speech 1961
  8. ^ "An Employee's Guide to Health Benefits Under COBRA: The Consolidated Omnibus Budget Reconciliation Act of 1986," United States Department of Labor, Reprinted September 2006
  9. ^ http://www.schip-info.org/42.html
  10. ^ a b "National Health Expenditure Data: NHE Fact Sheet," Centers for Medicare and Medicaid Services, referenced February 26, 2008
  11. ^ "The World Health Report 2006 - Working together for health."
  12. ^ http://browse.oecdbookshop.org/oecd/pdfs/browseit/0109061E.PDF OECD in Figures 2009 Retrieved August 30 2010.
  13. ^ Anderson GF, Reinhardt UE, Hussey PS, Petrosyan V (2003). "It's the prices, stupid: why the United States is so different from other countries" (PDF). Health Affairs. 22 (3): 89–105. doi:10.1377/hlthaff.22.3.89. PMID 12757275.{{cite journal}}: CS1 maint: multiple names: authors list (link)
  14. ^ Funk, Josh (March 1, 2010). "Buffett says economy recovering but at slow rate". San Francisco Chronicle (SFGate.com). Retrieved April 3, 2010.
  15. ^ a b Insuring America's Health: Principles and Recommendations, Institute of Medicine at the National Academies of Science, January 14, 2004. Retrieved October 22, 2007.
  16. ^ Himmelstein DU, Thorne D, Warren E, Woolhandler S (2009). "Medical bankruptcy in the United States, 2007: results of a national study". The American Journal of Medicine. 122 (8): 741–746. doi:10.1016/j.amjmed.2009.04.012. PMID 19501347. {{cite journal}}: Unknown parameter |laydate= ignored (help); Unknown parameter |laysource= ignored (help); Unknown parameter |laysummary= ignored (help); Unknown parameter |month= ignored (help)CS1 maint: multiple names: authors list (link)
  17. ^ [Reid TR. Interviews with leading health policy experts in several nations. "PBS - Interviews with leading health policy experts in several nations"]. {{cite news}}: Check |url= value (help)
  18. ^ "News Conference by the President, July 22, 2009 | The White House". Whitehouse.gov. July 22, 2009. Retrieved February 5, 2010.
  19. ^ File:Life Expectancy 2005-2010 UN WPP 2006.PNG using: United Nations World Population Prospects: 2006 revision -Table A.17 [1]. Life expectancy at birth (years) 2005-2010.
  20. ^ "Infant mortality rate". CIA Factbook. Retrieved August 18, 2009.
  21. ^ "Eliminate Disparities in Infant Mortality". Office of Minority Health and Health Disparities. Retrieved February 23, 2010.
  22. ^ CBS News Story
  23. ^ Mark Trumbull, "Obama signs health care bill: Who won't be covered?", The Christian Science Monitor, March 23, 2010.
  24. ^ "Income, Poverty, and Health Insurance Coverage in the United States: 2007." U.S. Census Bureau. Issued August 2008.
  25. ^ "Income, Poverty, and Health Insurance Coverage in the United States: 2006." U.S. Census Bureau. Issued August 2007.
  26. ^ Meet the Press-Transcript of Sept 13 2009-Dick Durbin Statement
  27. ^ American Journal of Public Health | December 2009, Vol 99, No.12
  28. ^ State-by-state breakout of excess deaths from lack of insurance
  29. ^ Woolhandler S, Himmelstein DU (1997). "Costs of care and administration at for-profit and other hospitals in the United States". The New England Journal of Medicine. 336 (11): 769–74. doi:10.1056/NEJM199703133361106. PMID 9052656. {{cite journal}}: Unknown parameter |month= ignored (help)
  30. ^ American Journal of Public Health | December 2009, Vol 99, No.12
  31. ^ State-by-state breakout of excess deaths from lack of insurance
  32. ^ Woolhandler S, Himmelstein DU (1997). "Costs of care and administration at for-profit and other hospitals in the United States". The New England Journal of Medicine. 336 (11): 769–74. doi:10.1056/NEJM199703133361106. PMID 9052656. {{cite journal}}: Unknown parameter |month= ignored (help)
  33. ^ Both House vote and Senate vote had zero Republican support. Washington Post
  34. ^ Latest White House Health Care Proposal: The Same Big Government Takeover GOP statement of objection. Feb 22 2010
  35. ^ http://abcnews.go.com/video/playerIndex?id=9683034 ABC news video of the section of the State of the Union Address on health care.
  36. ^ "Remarks of Senator Barack Obama: Taking Our Government Back".
  37. ^ Salant, Jonathon and O’Leary, Lizzie. "Six Lobbyists Per Lawmaker Work on Health Overhaul" Bloomberg.com. August 14, 2009
  38. ^ McGreal, Chris (October 1, 2009). "Revealed: millions spent by lobbyists fighting Obama health reforms". The Guardian. London. Retrieved February 5, 2010.
  39. ^ "Nine Americans Jailed This Morning When They Tried to Confront Senator Joe Lieberman for Accepting Insurance Company Money" (Press release). Mobilization for Health Care for All. November 5, 2009. Retrieved March 23, 2010.
  40. ^ U.S. Department of Health and Human Services (June 28, 2010). "Patient Protection and Affordable Care Act; Requirements for Group Health Plans and Health Insurance Issuers Under the Patient Protection and Affordable Care Act Relating to Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions, and Patient Protections; Final Rule and Proposed Rule". Federal Register. 75 (123): 37187–37241. Retrieved July 26, 2010.
  41. ^ "Healthcare Law Includes Tax Credit, Form 1099 Requirement".
  42. ^ "Health Care Bill Brings Major 1099 Changes".
  43. ^ a b "Instructions for Form 1099-MISC" (PDF).
  44. ^ "Costly changes to 1099 reporting in health care law".
  45. ^ "Health Care Reform Bill 101". The Christian Science Monitor.
  46. ^ "5 key things to remember about health care reform". CNN. March 25, 2010.
  47. ^ "Patient Protection and Affordable Care Act/Title I/Subtitle E/Part I/Subpart A".
  48. ^ "Patient Protection and Affordable Care Act/Title I/Subtitle E/Part I/Subpart A:Premium Calculation".
  49. ^ "Refundable tax credit".
  50. ^ a b "An Analysis of Health Insurance Premiums Under the Patient Protection and Affordable Care Act" (PDF).
  51. ^ "Policies to Improve Affordability and Accountability". The White House.
  52. ^ "Kaiser Family Foundation:Health Reform Subsidy Calculator -- Premium Assistance for Coverage in Exchanges/Gateways".
  53. ^ "Governor McDonnell Signs Virginia Healthcare Freedom Act Legislation". Retrieved March 26, 2010.
  54. ^ "Letter from Cuccinelli to Pelosi" (PDF). Retrieved March 26, 2010.
  55. ^ "Compliant" (PDF). Retrieved March 26, 2010.
  56. ^ ARIANE de VOGUE and DEVIN DWYER (March 23, 2010). "States Launch Legal Challenge to Health Care Law". ABC News. Retrieved March 26, 2010.
  57. ^ Brendon Farrington, White House, experts: Health care suit will fail," Associated Press (March 23, 2010).
  58. ^ Mike Norman, "Give me liberty or give me mandatory health insurance," Fort Worth Star-Telegram (March 25, 2010).
  59. ^ Denise Lavoie, Opponents take last stand on health care bill, Associated Press (March 22, 2010).
  60. ^ Edward Fitzpatrick, Legal scholars say health-care bill is constitutional, Providence Journal (March 25, 2010).
  61. ^ George Mason University School of Law, Somin: Healthcare's Individual Mandate Unconstitutional, (June 22, 2010).
  62. ^ Professor Ilya Somin, Obamacare’s Unconstitutional Individual Mandate, (June 21, 2010).
  63. ^ Michael Felberbaum (AP), VA Healthcare Reform Lawsuit Clears First Hurdle, The News Tribune (August 2, 2010).

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