Arguing before the Supreme Court, the United States Justice Department (DoJ) has contended the minimum coverage provision of the Affordable Care Act cannot be separated entirely from the rest. As a result, according to the department, any ruling that strikes it down must also rule against the bill's guaranteed issue and community rating provisions.
The minimum coverage provision imposes a tax penalty on individuals who do not secure coverage for themselves, with some exceptions. The guaranteed issue provision explicitly forbids rejection of coverage based on factors such as age, gender and health. Community rating prevents health insurers from using those same characteristics as justification for varying premiums within a geographic area.
"Without the minimum coverage provision, the guaranteed-issue and community-rating provisions would not advance Congress's efforts to make affordable coverage widely available. Indeed, Congress's findings expressly recognized the integral relationship between those provisions," the DoJ argued.
Lower courts have come to different decisions regarding the Affordable Care Act, and in response to those decisions both supporters and opponents have requested a Supreme Court ruling. The constitutionality of the Act as a whole and individual provisions are in question.
As a result, the ruling will likely play a substantial role in shaping healthcare for the foreseeable future. The Court may rule against the individual insurance mandate, creation of state healthcare exchanges or other specific provisions, or even the law as whole. The DoJ, with this argument, is attempting to show certain parts of the Act cannot be separated.
