What will our Supreme Court Do?

Soon the court will hand down it's decision on the legality of the "Health Care" Act, Public Law 111-148, March 23, 2010. 

Remember this law was enacted before the mid-term election, when the Democratic Party controlled both Houses of Congress.  You would think that the Democratic Party would have wanted to protect the rights of the individual, and really made those big insurance companies "toe the line."

Well, here is what I found in searching the 900+ pages of the Law.  Below are two small excerpts.

Subtitle G—Miscellaneous Provisions

PUBLIC LAW 111–148—MAR. 23, 2010

SEC. 1555 FREEDOM NOT TO PARTICIPATE IN FEDERAL HEALTH INSURANCE PROGRAMS

No individual, company, business, nonprofit entity, or health insurance issuer offering group or individual health insurance coverage shall be required to participate in any Federal health insurance program created under this Act (or any amendments made by this Act), or in any Federal health insurance program expanded by this Act (or any such amendments), and there shall be no penalty or fine imposed upon any such issuer for choosing not to participate in such programs.

……………………………………………….

IN GENERAL.—Subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter:

CHAPTER 48—MAINTENANCE OF MINIMUM ESSENTIAL COVERAGE

SEC. 5000A REQUIREMENT TO MAINTAIN MINIMUM ESSENTIAL COVERAGE

 (a) REQUIREMENT TO MAINTAIN MINIMUM ESSENTIAL COVERAGE.—

An applicable individual shall for each month beginning after 2013 ensure that the individual, and any dependent of the individual who is an applicable individual, is covered under minimum essential coverage for such month.

 (b) SHARED RESPONSIBILITY PAYMENT.—

            (1) IN GENERAL.—If an applicable individual fails to meet the requirement of subsection (a) for 1 or more months during any calendar year beginning after 2013, then, except as provided in subsection (d), there is hereby imposed a penalty with respect to the individual in the amount determined under subsection (c).

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The "penalty" imposed upon individuals (taxpayers) is phased in over 3 years, and grows to $750.00, with cost-of-living increases after that.  That is $750 per person up to $2250 per family.  

 The fact that the law exempts health insurance companies, but penalizes individuals  leaves me in a quandary ( a state of uncertainty or indecision as to what to do in a difficult situation.)  No insurance company is required to participate, but every American (taxpayer) is required to have health insurance.

That's another thing about this Law, it is titled, "Patient Protection and Affordable Care Act," but a lot of it is about insurance, not health care.  There are multiple references and changes to the Tax Laws.  Most of it doesn't establish programs, but requires the Secretary of Health and Human Services to establish programs (with the authority of Law.)  Who knows what that will bring!

And why is so much of this Law put off until 2013 and 2014?  Could it have to do with another Presidential Election in 2012?