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Friday, January 15, 2010

Small Biz Health Care Daily: Individual Mandate and the Constitution

A mandate that individuals must have or purchase health insurance features prominently in the current drive for expanding government's role in health care.

What happens if an individual does not get insurance under legislation being considered by Congress? The bill that passed the Senate would impose a fine of either $750 or 2 percent of income, whichever is greater. In the House version, an income tax of 2.5 percent would be imposed. Either way, many individuals, including the self-employed, would face a hefty burden.

Beyond the cost issue, however, an interesting question has been raised. Is such a mandate constitutional? ...

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