Picking Apart the Health Care Takeover

Your correspondent has not heard anyone discuss the idea that the Preexisting Condition Requirement of the Health Care Takeover amounts to an "unconstitutional taking." Thus, the Fifth Amendment could provide a strong argument for overturning at least what is perhaps the most onerous provision of the Health Care Takeover:

Amendment V (1791)

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

As I wrote to my son, only somewhat tongue-in-cheek, last night:

"The first form hospitals will have anyone sign when they comes into the emergency room, or are admitted generally, will be an application for a Cadillac insurance policy."

Said differently, when those who forgo health insurance and suffer that huge $700+ annual fine, hospitals and doctors will routinely have them "buy" insurance upon admission for a critical injury or illness. Ultimately, they will probably develop a standard form that combines signing over benefits and applying for insurance should the person not have it. So, "Pay an annual $795 fine; get busted up in an auto accident; sign here--your covered. Insurance company can't say no."

Given the foregoing scenario, private insurance companies will become insolvent long before Obama Care starts paying benefits. Accordingly, the preexisting condition provision will almost surely lead to the bankruptcy of, or the dramatic decline in the value of, every health insurance carrier in America. That would seem to give "standing" to the following "persons" to file suit asking for the overturn of this most onerous provision of the bill:

• Health Insurance carriers
• Stockholders of Health Insurance carriers
• Bondholders of Health Insurance carriers
• Unsecured Creditors of Health Insurance carriers
• (Conceivably) Those dumb enough to actually buy health insurance
  

The argument from the Fifth Amendment could provide a means to overturn, or at least nibble at the edges of, the Health Care Takeover.

One last point, the exact calculation of the fines remains a bit unclear to yours truly at this moment. Still, the calculations reported to date all come in well below the unsubsidized cost of my COBRA coverage.

DJ