|
KMID : 1234820130140010275
|
|
Korean Society of Law and Medicine
2013 Volume.14 No. 1 p.275 ~ p.302
|
|
|
The Constitutionality of Individual Mandate under the U.S. Patient Protection and Affordable Care Act of 2010
|
|
Lee Won-Bok
|
|
|
Abstract
|
|
|
|
The Unites States has been plagued with soaring health care costs and an alarmingly large number of uninsured population. The Patient Protection and Affordable Care Act of 2010 ushered in the most sweeping health care reform in the United States since the introduction of Medicare and Medicaid in 1965 to address these issues. The law’s requirement for individuals to purchase health insurance (the so-called “individual mandate”), however, not only caused a political stir but also prompted constitutional challenges. Some questioned whether the federal government, lacking general police power, could require its citizens to buy unwanted insurance based on its enumerated powers under the U.S. Constitution. This paper summarizes the decision of the U.S. Supreme Court on the constitutionality of individual mandate, and explores how the decision relates to Korea’s own universal health care.
|
|
|
KEYWORD
|
|
|
Patient Protection and Affordable Care Act, Health Insurance, Requirement to Maintain Minimum Essential Coverage, Individual Mandate, Commerce Clause
|
|
|
FullTexts / Linksout information
|
|
|
|
|
|
Listed journal information
|
|
|