House to vote on health care reform Sunday.

[DGuller]

I'm not a lawyer, so I may be asking a very stupid question.  However, as far as I'm aware, what shields insurance from interestate commerce laws is the McCarran-Ferguson Act.  Since it's just a legislative act, wouldn't it or parts of it get superseded by any future legislation in the area?  If the act says that interstate commerce laws don't apply to insurance, and then some later act says "well, let's make this insterstate commerce law apply", wouldn't the later act win out?

[Faeelin]

Yes, yes it would.

[The Minsky Moment]

If the act says that interstate commerce laws don't apply to insurance, and then some later act says "well, let's make this insterstate commerce law apply", wouldn't the later act win out?

Yes.

However, it did just occur to me that there might be a possible legit challenge to this - one could argue that the "fine" is in effect a capitation tax levied on every person in America, with the ability to obtain a credit equal to the amount of the tax if one purchases a qualifying plan.  That would run afoul of the constitutional requirement that capitation taxes be apportioned among the several states.

[The Minsky Moment]

Did you, or did you not, get your law degree from DeVry?

That would be telling.

[Ed Anger]

Did you, or did you not, get your law degree from DeVry?

That would be telling.

Your credits unlikely to transfer.

[Razgovory]

Hans is unaware of the meaning of the term "regulate," I guess.

You are dodging his question. 

Did you, or did you not, get your law degree from DeVry?

Maybe Hans is in fact a lawyer in addition to being an economist, prophet, and mind reader.

[Faeelin]

http://www.acslaw.org/files/Lazarus%20Issue%20Brief%20Final.pdf#page=2

An interesting look at the constitutionality of the mandate. It's from a Liberal think tank, but still, IMO, pretty persuasive.

I do hope this means Hans will shut up about judicial activism now that he's begging the Supreme Court to find that exchanging money for services doesn't fall under commerce.

[crazy canuck]

That was tried in Germany, too, together with attempts to force doctors on a prescription budget. The thing is that big pharma often has doctors (or a large percentage of them) in their pockets through various means. Not to mention that it can be popular to take an old medication and add a new component which changes it in an almost insignificant way which leads to a new patent and to a drug for which there's no generic yet. Add a marketing campaign that hypes the new version of the drug.

The difference is that in each province you have to convince a governing board to add your pharma products to the list so having doctors in their pocket and and marketing dont really help large pharma, which is in part why Canadian provinces are able to keep drug costs down.

[Admiral Yi]

http://www.acslaw.org/files/Lazarus%20Issue%20Brief%20Final.pdf#page=2

An interesting look at the constitutionality of the mandate. It's from a Liberal think tank, but still, IMO, pretty persuasive.

I do hope this means Hans will shut up about judicial activism now that he's begging the Supreme Court to find that exchanging money for services doesn't fall under commerce.

I found the part about inactivity being activity and direct taxation not all that persuasive.

BTW, what is a capitation tax?

[Barrister]

http://www.acslaw.org/files/Lazarus%20Issue%20Brief%20Final.pdf#page=2

An interesting look at the constitutionality of the mandate. It's from a Liberal think tank, but still, IMO, pretty persuasive.

I do hope this means Hans will shut up about judicial activism now that he's begging the Supreme Court to find that exchanging money for services doesn't fall under commerce.

I found the part about inactivity being activity and direct taxation not all that persuasive.

BTW, what is a capitation tax?

I imagine it's a head tax.

[DisturbedPervert]

seeing a doctor once a year should be, albeit with a modest deductible to pay (maybe 25$-30$ to see a doctor for adults).

How much does this normally cost in the US these days?

[Admiral Yi]

How much does this normally cost in the US these days?

With or without coverage?

I pay about 45 each time I see my GP, no coverage.

[Caliga]

I went to my doctor two weeks ago for acute bronchitis.  It cost me $25.  He gave me prescriptions for three items (a Proventil albuterol rescue inhaler, a course of dexamethasone, and a course of azithromycin) which cost a total of $62.

[Barrister]

My wife has a certain medical condition that requires a lot of medical visits in increasing frequency.  Haven't paid a dime.

[Darth Wagtaros]

My insurance went to shit last month.  A copay to see a doctor is now 30.  There is a 250 deductable/year for any tests plus a 100 copay. 

In othe words if I went to my yearly physical and she wanted some blood tests done I'd pay 30 to see the doctor, 100 for the test, plus 250 for the deductable.  This after my fucking rates went up by 6%.  Assholes.