Requiring Individuals to Obtain Health Insurance: A Constitutional Analysis

Staman, Jennifer ; Brougher, Cynthia ; Liu, Edward C. ; Lunder, Erika K. ; Thomas, Kenneth R.

Library of Congress. Congressional Research Service.

关键词: Health insurance;    Health policy;    Public health laws;   

RP-ID  :  R40725
RP-ID  :  R40725_2010Dec16

美国|英语

来源: UNT Digital Library

【 摘 要 】

This report first analyzes the authority of Congress to enact the minimum essential coveragerequirement contained in the Patient Protection and Affordable Care Act (PPACA), as well as how a court might analyze this provision if challenged based on various provisions of the Fifth and Tenth Amendments. This report discusses whether there must be exceptions to a requirement to purchase health insurance based on First Amendment freedom of religion, and finally, discusses some of the legal challenges to this federal requirement.