Cuccinelli takes health care fight to Supreme Court

RICHMOND - Attorney General Ken Cuccinelli has taken Virginia's fight against the federal health care overhaul to the U.S. Supreme Court, seeking to overturn an appeals court ruling that the state has no legal standing to challenge a key provision in the law.

Cuccinelli's office filed the appeal Friday, more than three weeks after the U.S. 4th Circuit Court of Appeals in Richmond ruled against the state in its high-profile legal battle with the Obama administration.

Virginia is challenging the constitutionality of a provision of the health care law that will require individuals to have health insurance or pay a penalty to the government beginning in 2014. The General Assembly last year passed legislation designed to protect most Virginians from being required to purchase health insurance. The state law was enacted before Congress passed the Patient Protection and Affordable Care Act.

Cuccinelli argued that the state law gave Virginia standing to challenge the health care act. But a three-judge federal appeals court panel disagreed and issued a Sept. 8 ruling that dismissed the case. Cuccinelli immediately said he would appeal the ruling to the Supreme Court.

The Department of Justice already has asked the Supreme Court to review the constitutionality of the individual mandate after the 11th Circuit Court of Appeals in Atlanta ruled that the provision exceeds Congress' power. That lawsuit was brought by 26 states, the National Federation of Independent Businesses and individual plaintiffs.

The Supreme Court could rule on the constitutionality of the health care act as early as next summer, in the heat of the 2012 presidential election.

"As we have indicated from the beginning, we have always felt that the issues raised by the various challenges to the federal health care law could only be decided in the United States Supreme Court," Cuccinelli said in a statement released by his office.

Virginia's appeal asks the Supreme Court to reverse the 4th Circuit's ruling on the question of legal standing and to review the case on its merits to address the constitutionality of the individual mandate.

Individual Health Insurance In Atlanta - News


Cuccinelli takes health care fight to Supreme Court
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Bottom Line Insurance Announces Help for Consumers Confused by ...

Atlanta, GA (PRWEB) September 15, 2011

Georgia Health Insurance Broker, Atlanta based Bottom Line Insurance Consultants, announces free assistance for consumers who have questions about how Health Care Reform is going to affect their new health insurance plan purchase.

Because of a new requirement legislated as part of the Patient Protection and Affordable Care Act (PPACA), known to some as Obamacare, many Americans are already facing several changes in their health insurance premiums, health insurance benefits, and ability or inability to obtain health insurance.

One part of the health reform bill that has already caused confusion among some consumers mandates that insurance companies selling health insurance plans accept an applicant for health insurance regardless of their pre-existing health conditions. This provision applies only to those ages 19 and under.

According to this health insurance story on CBS News.com, the insurers have decided to no longer market health insurance policies to those ages 19 and under unless accompanied by an adult family member. Even then, the insurers can increase the premiums significantly for up the age 19 and under applicant.

The insurance companies have asked that all Americans be required to pay something into the health insurance system to help offset the costs of these new changes. Whether or not all Americans will be required to purchase health insurance coverage is a ruling that has yet to be determined, and has been the subject of various lawsuits in several District Courts throughout the country. More than likely this issue will be decided by the Supreme Court.

It remains to be seen how Health Care Reform will affect the cost of health insurance or the benefits offered, but consumers dont have to try and navigate the new requirements on their own. If a consumer is currently evaluating an individual health insurance plan, family health insurance plan, a small business or group health insurance plan and they are confused about their options, consumers can call the health insurance experts at Bottom Line Insurance for advice.


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