The Provision Of The Affordable Care Act Essay

1101 Words 5 Pages
Individual mandate, also known as the Individual Shared Responsibility Provision of the Affordable Care Act (ACA), states that each individual must “have qualifying health care coverage (known as minimum essential coverage), qualify for an exemption from the responsibility to have minimum essential coverage, or make an individual shared responsibility payment when you file your federal income tax return” (“Individual Shared Responsibility Provision”, 2015). Several employer and government sponsored plans, as well as individual plans, qualify as minimum essential coverage. The individual mandate was established in order to allow all Americans to have access to health insurance, in order to decrease the number of uninsured individuals in the country. Although supporters of the individual mandate claim that it is essential for healthcare reform, it is evident that this provision of the ACA is unconstitutional, economically ineffective, and administratively weak.
The regulations and provisions imposed by the United States government on its people are based on the Constitution and the concept of the common law. Common law, more widely known as precedent, serves the purpose of ensuring consistent treatment and rule. The individual mandate, as governed by the ACA, is “unprecedented and not bound by any limiting principle” (Miller, 2012). More specifically, neither the federal nor state governments have previously required citizens to have health insurance. By establishing the…

Related Documents