Politico: 'Medicare for All' would face significant legal challenges  

"Medicare for All," even if passed, would likely face a mountain of legal and constitutional challenges on the other side, Politico reports.

A ban on any private insurance that overlaps with single-payer offerings would produce "instant legal quagmire" from insurance companies, providers, religious groups and others who are simply opposed to the idea.

Here are few potentially sticky areas highlighted in the report:

  1. Current Medicare for All bills avoid the mandate pitfalls of the ACA, however, lawmakers will have to find a way to incentivize people to participate in single-payer insurance without infringing on people's rights.
  2. The current bills would provide free coverage for all contraceptive care and abortions, an obvious target for lawsuits on grounds of religious liberty.
  3. The House bill would end payments based on quality performance. The industry has become fairly committed to this idea, so Politico notes it could be challenged.  

The report also notes that the current bills in the House and Senate are not yet refined, so much could still change, and like the ACA, a bill as sweeping as Medicare for All could simply face "unforeseen statutory quirks" that are difficult to see coming.

Read more here.  

 

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