"Why Is Your Boss Involved With Your Health Insurance In The First Place?"
Dr. Michael J. Hurd writes at his website:
This past week, the U.S. Supreme Court released its decision in the highly-publicized case of Burwell v. Hobby Lobby. The Court sided with Hobby Lobby (a family-owned business and employer) in a narrow 5-4 ruling, which declared family-owned corporations are not required to pay for insurance coverage for contraception under the Affordable Care Act if doing so conflicts with their religious beliefs.Many are reacting negatively to the ruling. They're saying, "Your boss shouldn't be involved with your birth control." That's entirely correct. But the real question is: Why is your boss involved with your health insurance, in the first place?
The whole reason this case came about is because the federal government is mandating employers (of a certain size) to provide health insurance for their employees. Also, tax incentives and various other laws and regulations going back at least to the 1940s have incentivized and/or required federal involvement in the health insurance and medical marketplace.
In a totally free market for health insurance and medicine, it's unlikely employers would be providing health insurance on such a large scale. People would be responsible for obtaining it on their own, and they'd have a vast, complex and competitive marketplace from which to choose the health insurance or medical options that most suited them.
And then there's this right-on bit on individual rights:
The only "right" is the right of the individual to be free from force and fraud. Obamacare denies individual rights by compelling employers to pay for things against their will, and compelling individuals to purchase things against their will. Once you establish this principle, control of everything else is only a matter of time. You've already surrendered the one right that makes all other rights possible: The right to be left alone.The same applies to those clamoring for "religious rights." There's no such thing. You have no right to impose your religion on others using the force of government. You have no right to say, as John Roberts has, that "Socialized medicine and government compulsion are right -- so long as it doesn't tread on religion." This is nothing more than a recipe for religious dictatorship, whether Roberts intended it that way or not.
Yes, it's tyranny to force a religious person to act against his beliefs by paying for another's abortion. At the same time, it's tyranny to force anybody to do anything against their will. Why does Roberts only apply this to abortion and contraception, but not anything else?
A [pox] on both houses: The proponents of Big Government Obamacare who whine when the government sets the terms; as well as the proponents of religious rights who are fine with government coercion, so long as it's from a religious point-of-view rather than a secular one.The only way out of this mess is individual rights, consistently applied. That would mean the end of Obamacare and all things socialist. It would also mean the complete separation of church and state, now and forever.
Let me know when we get there.








See this
In any case, there is no reason for any health insurance policy to pay for any form of birth control (including after-the-fact birth control, as in this case). Insurance is meant to cover catastrophic expenses, not trivial ones.
a_random_guy at July 4, 2014 12:14 AM
A couple of points of clarification.
First, the SCOTUS addressed the issue of the 4 contraceptives / abortifacients (depending on your view) because that was the question brought before the court. Properly, the SCOTUS did not seek to expand a ruling beyond the question in the case.
Second, a point that many people miss is that a key component of the ruling is the availability of contraceptives. Had these 4 been the only options available, it is likely the decision would have gone the other way. I base that statement on the arguments in the published opinion itself, so that's my take-away from reading it, not that of a blogger or legal scholar.
Finally, and I think this is important, this ruling in no way impinges upon an individual's legal right to obtain those 4 options. It only addresses an employer's requirement to pay for it. Much of the outrage over this decision seeks to use emotion by claiming employers can impose their values on employees and PREVENT individuals from using these options, which is stretching the truth.
(random guy, above, has a point as well. We have become too accustomed to having insurance become health care coverage.)
tasha at July 4, 2014 4:43 AM
To add to what Tasha said, no employer is required to provide health insurance. No person is required to purchase health insurance.
If you don't, you pay a penalty to the IRS which has already been ruled a tax.
The issue that was decided was that Hobby Lobby and the Catholic nuns, do not have to provide birth control and they are not required to pay the penalty (tax) for their non ACA compliant health plans because the requirement for them, was an unconstitutional violation of religious liberty.
No grand sweeping new case law came out of this case.
Isab at July 4, 2014 5:32 AM
So can a business owned by a catholic refuse to pay for any sort of BC and not face a penalty?
Can a business owned by a Christian Scientist refuse to cover anything that requires a blood transfusion at any point like an organ transplant, or emergency surgery?
lujlp at July 4, 2014 6:48 AM
lujlp:
Perhaps true for any sort of BC.
As for the others, no. A requirement is allowed if a) it forwards a compelling government interest and b) there is no other less intrusive way to do it. Which remains the same as it ever was.
Jeff Guinn at July 4, 2014 7:01 AM
A corps of employees are generally able-bodies and they assemble for reasons irrelevant to their medical problems. This makes for sustainable actuarial pools, so tying insurance to employment has some utility even though there may be better systems.
Art Deco at July 4, 2014 7:54 AM
lujlp:
In the case of Catholic hospitals, the employer didn't have to cover BC, but the insurance provider offered a rider to the employer sponsored plan that individuals could pick up on their own. The employer has to submit an application for this waiver, and that begins the process.
But that example is for a business that is tied directly to the Church. I would think a private employer who wished to do the same, on the same religious basis, would follow a similar process. I think the unknown is will HHS be able to apply the same standard to a private employer, meaning, do they have the authority to do so? It seems like that would be the most expedient method for what seems like a logical outcome, but don't know the rules on that.
tasha at July 4, 2014 8:05 AM
"No grand sweeping new case law came out of this case."
Nonetheless, I think the case is significant because the SCOTUS has said for the first time since this mess started that yes, there is somewhere a boundary to the federal government's authority regarding health care. This won't be the end -- I'm not sure where else it goes, but at a minimum there is going to be another related case since this case appears to carve out an exemption to law based on religion, and that is going to have to be resolved somehow. Assuming the Court isn't going to reverse itself on this ruling anytime soon, it is going to have to expand the scope to make the exemption available to all. And once that snowball starts rolling, Obamacare could be in real trouble.
"A corps of employees are generally able-bodies and they assemble for reasons irrelevant to their medical problems. This makes for sustainable actuarial pools, so tying insurance to employment has some utility even though there may be better systems. "
A more blunt way of stating that is: This is the way to force young healthy people to subsidize the system.
Cousin Dave at July 4, 2014 12:52 PM
" And once that snowball starts rolling, Obamacare could be in real trouble."
It all ready is. It will death spiral in the next year.
All that will remain is the tax.
Isab at July 4, 2014 2:20 PM
"Insurance is meant to cover catastrophic expenses, not trivial ones."
Is that why Hobby Lobby still covers Viagra and Vasectomies?
Ppen at July 4, 2014 6:28 PM
"Insurance is meant to cover catastrophic expenses, not trivial ones."
Is that why Hobby Lobby still covers Viagra and Vasectomies?
Posted by: Ppen at July 4, 2014 6:28 PM
I am pretty sure hormone treatments and tubal ligation are covered too. Your point?
A lot of what insurance is required to cover is mandated by state law.
Any corporation that is a multi state corporation will pretty much have a policy that meets the mandated requirements of every state that they operate in.
So if any state requires Viagra and vasectomies be covered, than all employees will get that coverage. Too difficult to separate out the coverage for employees by state.
Isab at July 4, 2014 6:58 PM
"Your point?"
My point is is to point out how they fought so hard to get IUDs not covered due to the ACA but have no problem with getting your dick hard pills. I find it funny, but you're humorless anyways so yo wouldn't get it.
But hey! Here is something even more curious. They have shown to have invested in the very abortion pills they're against!
(I begrudigenly agree with the court decision btw)
Ppen at July 4, 2014 7:24 PM
Wow.
Obamacare denies individual rights by compelling employers to pay for things against their will...
Like safety glasses, ear plugs, handicapped parking, those kind of things? Or those "compulsions" are alright?
...and compelling individuals to purchase things against their will.
Like auto insurance? How about license plates? Or paying your doctor when you get sick?
I did not realize that the ACA was the very first law to compel people to pay for things against their will.
...no employer is required to provide health insurance. No person is required to purchase health insurance.
**OR** you get penalized with a tax.
So a mandate (defined as an 'official command') is not a requirement in this case?
I don't like having to have health insurance either, but what does the government gain by requiring you to give money to the for-profit health insurance companies in the first place?
drcos at July 5, 2014 4:32 AM
My point is is to point out how they fought so hard to get IUDs not covered due to the ACA but have no problem with getting your dick hard pills. I find it funny, but you're humorless anyways so yo wouldn't get it.
My friends actually think I am pretty funny, but I have found nothing humorous about the ACA, or the Obama administration for many years now.
I think most medical care in this country is basically one giant scam, like most of the dietary advice.
There are exceptions, but any discussion would be dry and humorless.
Why should Viagra not be covered? At least it does what it is designed to do.
Isab at July 5, 2014 4:48 AM
The difference with automobile insurance is you can opt out by not owning an automobile and using other forms of transportation. PPACA requires you to obtain insurance by virtue of being alive.
Kind of like taxes. Which, now that I think of it, means the 2012 SCOTUS decision on the individual mandate as a tax vs. a penalty makes sense.
The point about health insurance covering more than catastrophic events is one we should explore. Perhaps we should look at it as two different types of insurance; a comparison would be homeowners insurance vs. an annual home warranty.
tasha at July 5, 2014 5:05 AM
I don't like having to have health insurance either, but what does the government gain by requiring you to give money to the for-profit health insurance companies in the first place?
Given the IRS administrates, a whole new way to spy on americans financial records. Plus politicians get campaign donations for passing a bill written by insurance lobyists
lujlp at July 5, 2014 9:05 AM
A more blunt way of stating that is: This is the way to force young healthy people to subsidize the system.
Cousin Dave, insurance incorporates exchanging predictable and regular payments for occasional catastrophic expenditures. It does that through both cross-sectional and inter-temporal subventions. Sorry that irritates you, but it's pretty much the whole point of having insurance. The young and healthy people gonna get old.
Art Deco at July 5, 2014 9:08 AM
My point is is to point out how they fought so hard to get IUDs not covered due to the ACA but have no problem with getting your dick hard pills. I find it funny, but you're humorless anyways so yo wouldn't get it.
They fought hard to avoid paying for contraceptives which function as abortifacients. I would wager their legal counsel told them it was hopeless to file suit against requirements that they pay for baubles which make use of medical knowledge but which are not true medical care or against requirement that they provide pre-paid services which have little to do with insuring against risk.
The moderatrix here was last seen complaining that Hobby Lobby imported supplies from China, as if either Hobby Lobby or its Chinese suppliers were the manufacturers of Chinese public policy
Art Deco at July 5, 2014 9:16 AM
While were on the subject.
How is that the courts have ruled both that a religious business owner must provide services to customers that violate their religious beliefs, but they do not have to provide medical coverage to employees that violate their religious beliefs.
I fail to see any substantial difference between the two arguments.
lujlp at July 5, 2014 1:17 PM
While were on the subject.
How is that the courts have ruled both that a religious business owner must provide services to customers that violate their religious beliefs, but they do not have to provide medical coverage to employees that violate their religious beliefs.
I fail to see any substantial difference between the two arguments.
1. Two different statutes at stake.
2. Anthony Kennedy fancies himself the tribune of the homosexual population. Their interests are not at stake re Hobby Lobby
Art Deco at July 5, 2014 3:15 PM
"Sorry that irritates you, but it's pretty much the whole point of having insurance. "
I know good and damn well how insurance works. And when the law (1) forces you to buy it, and (2) tries to make everyone's rates the same, that's not insurance. It's a wealth transfer program. Call it by its proper name.
Cousin Dave at July 7, 2014 7:49 AM
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