Judge Rules Against HCR Requirement for Americans to Purchase Medical Insurance Policy

Judge Henry E. Hudson, a federal district judge in the state of Virginia, has now ruled against part of the health care reform package. He made the decision that the requirement that most people obtain medical insurance goes beyond the power of Congress, notes the New York Times. This aspect of health care reform is scheduled to begin in 2014.

Insurance Companies May Balk at Covering Pre-Existing Conditions

This ruling will upset insurance companies. They claim they need the majority of Americans to hold medical insurance policies. This will ensure that the policies of healthy Americans who rarely use the policy will balance out the high expenses incurred by the insurer for patients who require ongoing medical treatments.

If a majority of Americans are not required by law to obtain medical insurance, then the insurance companies may balk at covering patients with pre-existing conditions. Many Americans have pre-existing medical conditions, such as asthma, high blood pressure, cancer, heart disease or other illnesses.

Insurers make profits their main priority and have long tried to terminate the individual policy of any patient who develops a serious medical condition. And it is very difficult and sometimes impossible to get a traditional individual medical insurance policy if you have a pre-existing condition.

No Delay to Starting Health Care Reform

This is the first time that a part of the health care reform law has been deemed non-legal by a judge. However, Judge Hudson denied the plaintiff's wish for a halt to commencing with health care reform. Thus, Hudson's ruling will not impact the timely initiation of the health care reform law already underway. The reform will start; however, now people cannot currently be forced to participate in an insurance plan via financial fines for non-participation.

The Wall Street Journal reports that Hudson said the mandate for people to get a medical insurance policy "would invite unbridled exercise of federal police powers. At it core, this dispute is not simply about regulating the business of insurance-or crafting a scheme of universal health insurance coverage-it's about an individual's right to choose to participate."

Republican Judges Voting Against HCR

Judge Hudson is a Republican. He was appointed by former president George W. Bush. Thus far, all of the Republican judges who have ruled in the numerous lawsuits over health care reform have ruled against the package created by President Obama, notes the NY Times.

It will likely take numerous years for the cases to reach the Supreme Court. President Obama continues to extol confidence that a final decision will be reached to fully support the health care reform package.

Millions of Americans Without Health Insurance

The NY Times notes that about 32 million Americans do not have a medical insurance policy. Some people cannot afford a policy, others cannot get a policy due to pre-existing medical conditions. President Obama was not able to get government-paid universal coverage for all Americans as part of health care reform. And clearly now the Republicans are hammering away at the version of health care reform that was approved. And still the 32 million people in America without access to health care are vulnerable medically and financially.

The battle over health care reform has divided America. And that animosity will linger on as the cases against health care reform go through the lower courts and eventually end up with the Supreme Court.