Major Lawsuit Against the Health Care Bill Dismissed in Virginia
December 06 2010
Last week, a federal district court in Virgina rejected an appeal against the Affordable Care Act, filed by Jerry Falwell's Liberty University.
PolitcalCorrection.org’s Matt Trojan explains:
Joining a string of recent procedural rulings and a decision last month, earlier this week a federal district court rejected arguments that the Affordable Care Act (ACA) is unconstitutional. U.S. District Judge Norman Moon, representing western Virginia, emphatically rejected all nine complaints filed by Jerry Falwell's conservative Liberty University. The plaintiffs made a tenuous argument that, as a non-profit institution, the individual mandate unconstitutionally compels the university to participate in a health care system that discriminates against their religious beliefs on abortion.
Despite the facts, opponents of health care reform used choice as a means of dividing the public, claiming that the ACA would provide public funds for abortion. Liberty University doubled down on this rhetoric, put it to trial, and was flatly rejected.
That the Affordable Care Act would use federal money to fund abortion is one of the most common myths that have been spread about the bill. The reality is that the bill specifically states that abortion is not required of any insurance plan, and the White House further signed an executive order preventing any federal funds from going towards abortion.
In his ruling, Judge Norman Moon set the record straight about this issue:
"The Act explicitly states that no plan is required to cover any form of abortion services. In every state health benefit exchange, there must be offered at least one plan that does not provide coverage of non-excepted abortion services, which, under current law, are any type of abortion services except in cases of rape or incest or where the life of the woman is endangered. Any state may pass a law prohibiting health plans offered through that state's health benefit exchange from covering any form of abortion services."
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"Under new plans, no child under age 19 will be denied coverage for a pre-existing conditions, period. Adults who have been without insurance for six months and who have been unable to obtain insurance because of a pre-existing condition, can apply for coverage under the Pre-Existing Condition Insurance Plan (PCIP)."
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Insurers can no longer cut someone after the fact.
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New screening procedures are now in place for health care providers to eliminate fraud and waste in the health care system.
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Medicare Part D enrollees who hit the Medicare prescription drug benefit gap in 2010 will automatically receive a $250 rebate check.
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Effective immediately, qualified small employers get tax credits of up to 35% of premiums for offering coverage.
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