Of particular interest, the Chief Justices are asking whether such a declaration would make the entire bill unconstitutional, or if there is a way to preserve the rest of it. Justices on both the right and the left are in agreement that, if possible, the rest of the bill should remain in effect, provided there are legal grounds to achieve that end.
This Supreme Court debate mirrors some of our previous blog posts, that the controversy here lies within the insurance reform part of the bill (who gets covered and how it gets paid) not within the health care reform part, which directly affects how health care is delivered and reimbursed. It will be some time before we know the Supreme Court's formal decision. Whether or not the individual mandate is struck down, there will be significant efforts on both sides of the political spectrum to keep the health care reform process moving ahead.
So, our message once again to eye care providers (indeed all health care providers) is this:
- know the distinction between health insurance reform and health care reform;
- understand that, even if the insurance reform portion is eliminated or modified, this does not eliminate the basic tenets of health care reform that are already transforming the way you must practice;
- continue to pursue the EHR technologies delineated within the HITECH Act regardless of your volume of Medicare or Medicaid billing.
Jim Grue, O.D.
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