Legal Question in Constitutional Law in Texas

Re:affordable healthcare act (Obamacare) if the healthcare act was passed and was passed as "not a tax" and the Supreme Court passed it as a"tax" wouldn't that mean the original passed bill should be voided and a new bill as a tax would have to be voted on?

Also, what happens to "patient confidentiality law" since the IRS is the overseer.


Asked on 11/24/12, 7:05 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

There is no conflict between the law that was enacted and the Supreme Court opinion that upheld it. The federal government has several types of authority. The Supreme Court said that part of the law was a valid exercise of the taxing authority even though the administration had said it was valid under other authorities. What matters is that it was valid. It does not matter that the White House and the Supreme Court disagree about why.

The IRS is not the "overseer" of the health care act. It may be responsible for collecting some of the money individuals and businesses will have to pay, but there is a lot more to the act. Besides, the government will only be involved in funding the health care system. It won't be involved in the doctor-patient relationship, so there is no danger to the confidentiality of patients' information.

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Answered on 11/25/12, 3:44 pm


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