Health Care Law Continues To Swirl Political Debate

The federal health care law was our #1 business and political story in 2010 as the controversial measure influenced state and national politics, while adding to the nervousness of many public and private firms.

Well into 2011, the law continues to generate headlines as court rulings and legislative activity influence events.

On Friday, another federal court ruling tossed out a health care legal challenge, although on different grounds than recent rulings that have split over an insurance mandate’s constitutionality.

A Mississippi court dismissed the suit declaring the plaintiffs didn’t have proper standing to file the case. Four other U.S. courts have split in their decisions over the new law’s constitutionality.

In Fort Smith, Mitchell Williams attorney John Alan Lewis, who practices in health care-related law, told a local audience that the federal law could very well be overturned by the U.S. Supreme Court.

“The Virginia and Florida decisions were well-reasoned documents, and they will hold a great deal of weight when the case reaches the Supreme Court,” Lewis said. “I can assure you that (this) health care (law) is in jeopardy.”

You can read more of his comments in this report from our content partner, The City Wire.

The Arkansas legislature has already seen a plethora of activity related to health care reform in the 88th General Assembly. A bill to ignore the federal mandate to buy health insurance by freshman Rep. David Meeks, R-Conway, was defeated in committee two weeks ago. Another bill by State Sen. Cecile Bledsoe, R-Rogers, would have impacted abortion provisions in insurance coverage for private companies wanting to participate in forthcoming state-monitored health insurance exchanges. It was held up in committee after an unfriendly amendment was offered.

Jason Tolbert with our content partner, The Tolbert Report, has more on what went on in committee on the Bledsoe bill. He notes that the Arkansas Insurance Department cited a recent survey of insurance companies regarding abortion coverage.

Tolbert’s FOI request to the AID yielded only one document with one reply from one insurance company in Arkansas in the survey.

QualChoice, the only respondent in this survey, sent a copy of its policy on abortion coverage attached to an e-mail. In the e-mail, a representative of QualChoice said that they do not provide coverage for elective abortion but do “provide coverage for an abortion in the event of rape or incest as long as it’s documented by a police report.”

John Morris with the state Insurance Department defended his agency’s survey despite the lack of documentation.

“The majority of the health insurance market in this state is comprised of three companies,” explained Morris in an e-mail to Tolbert. “If the Department has a question to understand something about the health insurance market in this state, it can ask these three companies and find out what the answer is for the overwhelming majority of policies in the state.”

Expect more in the days, weeks and months to come. Next Tuesday at 10am, Arkansas Insurance Commissioner Jay Bradford is listed on the agenda to give a presentation on health insurance exchanges in the state. Testimony from Bradford and questioning from committee members should be enlightening. Talk Business contributor Suzi Parker interviewed Bradford in our recent magazine edition of Talk Business & Politics. For a preview of his comments, you can access the story on p. 50 of our magazine at this pdf link.