Is Healthcare Mandate Setting an Overreach Precedent?

June 9, 2011

Three-judge panel hears appeal arguments

A three judge panel heard arguments from both sides on the constitutionality of the healthcare law. Chief Judge Joel Dubina said, "I can't find any case like this….If we uphold this, are there any limits' on the power of the federal government?" The panel's questions were mixed enough to give encouragement to both sides. Twenty-six states have challenged the healthcare law claiming congress does not have the right "to compel people to engage in a transaction," to purchase health insurance. This case is on track to go to the Supreme Court. The Supreme Court could rule on this matter just prior to the 2012 elections.

Health and Human Services has released a proposed federal rule that would require healthcare providers to tell patients, if asked, who has accessed their medical records. The rule includes listing of all employees that have access records from physicians to data entry clerks. The rule is open for public comment until August 1st and if approved will take effect January 2013.

More on these stories can be found in the June 9, 2011 NAHU Newswire.

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