Food and Drug Administration

Affordable Care Act Required Purchase Of Consumer Product Under Penalty Of Fine, But Now Just Another Law

Food and Drug Administration

FDA Building

Health Insurance is a consumer product. It is the purchase from a for-profit company (which all insurers in the United States are) of an insuring service. It is precisely the same as purchasing car insurance for your motor vehicle, only the insured party is yourself rather than a car.

Many people have raised concerns that the Supreme Court will strike down the health insurance bill, colloquially known as Obamacare. While this has not happened in the past, with the previous incarnation of the Supreme Court, it might happen this time, since the Court has become majority Conservative.

However, it is unlikely that the Supreme Court would completely strike down the law, as the remainder of it, without the individual mandate, is for the most part Constitutional, as had been determined previously.

Congress has already changed the Affordable Care Act, with the passing of the 2017 Tax Bill. The mandate was removed, and thus people have already not been forced to purchase the consumer product, health insurance, whether they can or cannot afford it.

At this point, several things can happen. The Supreme Court takes a very small number of cases it receives requests for, and it is likely that they won’t even hear a case on the ACA.

It could also be that the ACA would stand regardless, as many Americans appreciate the other benefits it provides, such as the inability of insurers to reject them on the basis of per-existing conditions.

A third possibility is that, since the mandate has been removed, along with the penalty for not paying for health insurance, there will be no further challenges to the ACA, and it will remain in force for the long term.

While speculation on this matter is somewhat pointless, it seems that most Americans will be able to keep the insurance that the ACA provided for them, without being required by law to purchase it. Since the cost of insurance averages $600-800 per person, this was quite a burden to those with less means and without an employer to pay for it. Many people were relieved when the requirement to purchase it was removed, and it is likely that this is all that will come of it. Only time will tell.

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