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Use federal law to justify ACA under the Commerce Clause so the medicaid expansion cannot be contested

Created by G.M. on January 12, 2013

The Emergency Medical Treatment and Labor Act (EMTALA) was passed in 1986. It requires hospitals to provide emergency medical care whether a patient can pay or not. Since it provides no funding, the cost for any uncompensated care has been borne entirely by the health care industry.

Requiring everyone to have health insurance spreads this burden to include the health care consumer. With EMTALA seen as the "limiting principal", the Health Insurance Mandate is therefor justifiable under the Commerce Clause of the Constitution.

We submit that the Affordable Care Act should be viewed in this manner, and that states should not have the power to reject the medicaid benefit extensions included in the Act.

Health Care
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