tailieunhanh - Requiring Individuals to Obtain Health Insurance: A Constitutional Analysis

ContactYour Agent or Company Representative to ReportYour Loss: Have ready—the name of your insurance company , policy number and a phone number and/or e-mail address where you can be reached. All flood insurance policies require you to give prompt written notice of loss. If you get in touch with your agent or company representative directly , they will advise you how to file your notice of claim. Otherwise, you must send a written notice to your insurance company with your policy number | Requiring Individuals to Obtain Health Insurance A Constitutional Analysis Jennifer Staman Legislative Attorney Cynthia Brougher Legislative Attorney July 24 2009 Congressional Research Service 7-5700 R40725 CRS Report for Congress------------- Prepared for Members and Committees of Congress Requiring Individuals to Obtain Health Insurance A Constitutional Analysis Summary As part of Congress s health care reform effort there has been interest in requiring individuals to have some type of health insurance. Although the federal government provides health coverage for many individuals through federal programs such as Medicare it has never required individuals to purchase health insurance. While it seems possible that Congress could enact an individual coverage requirement that would pass constitutional muster there are various constitutional considerations relevant to the enactment of such a proposal. This report provides an analysis of constitutional issues raised by a federal proposal compelling individuals to purchase health insurance . an individual health insurance mandate . This report first analyzes the authority of Congress to pass a proposal of this nature as well as how a court could analyze this type of proposal if there were to be a constitutional challenge based on various provisions of the Fifth Amendment. Finally this report discusses whether there must be exceptions to a requirement to purchase health insurance based on First Amendment freedom of religion. It should be noted that the structure of a proposal may affect the constitutional provisions implicated. Congressional Research Service Requiring Individuals to Obtain Health Insurance A Constitutional Analysis Contents Constitutional Authority to Require an Individual to Have Health Taxing Spending Power to Regulate Health Insurance Coverage Requirements and the Fifth Substantive Due Equal Takings Religious