Mandating health insurance
The founding fathers, it turns out, passed several mandates of their own.In 1790, the very first Congress—which incidentally included 20 framers—passed a law that included a mandate: namely, a requirement that ship owners buy medical insurance for their seamen.
Failure to meet the requirement may result in a Massachusetts state income tax penalty for each month the individual does not have coverage.
The penalty will equal 50 percent of the least costly, available insurance premium that meets the standard for creditable coverage; however it also varies by age and income.
Nevermind that nothing in the text or history of the Constitution’s Commerce Clause indicates that Congress cannot mandate commercial purchases.
The framers, challengers have claimed, thought a constitutional ban on purchase mandates was too “obvious” to mention.
This article briefly describes the scope of those regulations, considers why they exist, summarizes what we know about their effects in insurance markets, and finally, raises some policy questions regarding the regulations.
Mandated benefits are important because they have recently evolved into a major category of insurance regulation and because they can have some undesirable effects on the provision of health insurance.
Plans must cover these services without charging a copayment or coinsurance when provided by an in-network provider — even if you haven’t met your deductible.
FDA-approved contraceptive methods prescribed by a woman’s doctor are covered, including: Health plans sponsored by certain exempt religious employers, like churches and other houses of worship, don’t have to cover contraceptive methods and counseling.
During the first Congress in 1790, only 20 of the 91 senators and representatives were framers. Then we contacted Elhauge about the other parts of his claim. First was the 1790 law, passed by that first Congress, which applied to any U. ship that was at least 150 tons or with a crew of at least 10. Finally, in 1798, a Congress that included five framers expanded the health coverage mandate, requiring every ship owner or master coming into a port to pay 20 cents per seaman for every month each worker had been employed.
ne of the fastest growing areas of regulation in the health care sector is state-mandated benefits for private insurance plans.
However, in 1790, the first Congress, which was packed with framers, required all ship owners to provide medical insurance for seamen; in 1798, Congress also required seamen to buy hospital insurance for themselves.