The health care battle that begins this morning at the U.S. Supreme Court is one of the most important of our lifetime. But the direct effect on Massachusetts, which created the framework for the federal Affordable Care Act (ACA), is minimal, at best.
“The real bottom line is that consequences for Massachusetts are not that great, except the extent to which we care about the uninsured in the rest of the country,” says Harvard School of Public Health professor John McDonough.
1) The Individual Mandate — The question for the high court is whether the requirement that residents have health insurance is constitutional. But either way, it is already part of state law in Massachusetts and would stand regardless of what the Supreme Court decides. A related provision, that says residents can’t be denied insurance if they have a pre-existing condition, is also already in state law.
2) Can the ACA stand without the Individual Mandate? – Again, this doesn’t matter for Massachusetts. Harvard Law School professor Lawrence Tribe says: “There are no legal issues before the Court in which a decision would either trump the Massachusetts law or compel a review of that law.” Continue reading