CLEVELAND – The COVID-19 epidemic is two years old, but the Republicans are delaying it. Consider the 26 states, including Ohio, that are challenging the Biden Administration Vaccination Act because it exceeds federal statutory health and safety regulations, or 25 states, including Ohio, that oppose vaccinating health care providers in federally funded hospitals. These challenges are addressed to the Supreme Court, where anything can happen.
Why do we leave our destiny to party officials and judges for life? Correcting most of the problems caused by unvaccinated people is right under our noses. Due to medical-religious exceptions, private health insurers should exclude health insurance for unvaccinated policyholders for COVID-related treatment.
The most important part of the Biden administration’s vaccination efforts in the workplace against COVID involves businesses with more than 100 employees. The measure will affect more than 84 million workers, lead to about 22 million vaccinations, and avoid 250,000 hospitalizations.
The administration’s next step is to vaccinate health care workers in federally funded hospitals. According to the administration’s ambulance application, it “will save hundreds or even thousands of lives every month.”
As the Supreme Court has repeatedly upheld the constitutionality of mandatory vaccinations, the challenge for Republican-led states is whether Congress has authorized the executive to set those requirements.
Last week, the 6th District Court of Cincinnati, USA, taking into account the decision of OSHA, said in a 2-1 decision. “Can OSHA be able to respond to threats as they develop?” This decision, together with the decisions of the Court of Appeals on the measure of restraint of the hospital staff, is the decision of the Supreme Court for the hearing to be held on January 7. But the last time the Supreme Court heard Biden’s plan for COVID, a deportation moratorium, the court overturned it.
Instead of leaving our fate to the government, the private sector should intervene. The Affordable Care Act changed the landscape of individual private health insurance, making it easier for people to get the insurance they deserve. But the ACA made it impossible for health insurers to curb COVID where our government could not.
Neither ACA nor any other law makes it illegal for private health insurers to exclude health insurance for insurers who have not been vaccinated for COVID-related treatment, as well as insurance for other life-threatening activities, such as tug-of-war. Being unvaccinated is more dangerous than these actions, because the insured endanger not only their own life, but everyone’s life.
As insurance premiums վեր elimination of co-payments have only been modestly successful, I suggest that unvaccinated policyholders be held accountable for their COVID-related medical payments (և collection efforts). Neither the insurers nor their other insurers should pay for this possible shipment.
My proposal does not violate the ACA’s prohibition on discrimination on the basis of pre-existing conditions. A pre-existing condition is an illness or injury that occurred before registration և includes health problems such as cancer, diabetes և lupus. Pre-existing conditions require diagnosis or treatment prior to applicant registration. The unvaccinated status of the insured does not correspond. Unvaccinated status or status quo is neither a disease nor an injury; it cannot be diagnosed or treated.
Similarly, excluding unvaccinated persons does not violate ACA anti-discrimination provisions. Article 1557 of the ACA prohibits discrimination in health plans based on race, color, nationality, sex, age or disability. Approaching the health insurance application process as an unvaccinated person does not result in any of these protected classes.
Finally, excluding COVID will not push the smoking insurance exemption. Whether or not there is a marginal argument for the social impact of smoking and obesity, those arguments fade when it comes to treating COVID, a common disease that’s not comparable to individualized destructive behavior.
We can not leave the solution of the epidemic to the government, when there is a means of self-help, pocket the unvaccinated. Excluding insurance coverage ստիպ forcing them to pay their medical expenses, which can be avoided, is not a step towards corporate tyranny. it is a practical step for the preservation of humanity.
Daniel Caron is a consumer advocate for Karon LLC in Cleveland. He teaches at Mauritius Law College, Ohio State University, and is the founder of the University of Michigan Law School. Your favorite lawyer, legal health website.
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