Thursday, January 09, 2014

Interesting. Obamacare opt-out law?

Ever heard of a federal law 42 USC § 18115: Freedom Not to Participate in Federal Health Insurance Programs?

I haven’t either.

But thanks to FOTM reader Joseph, now we all do! 

This is how Cornell University Law School’s website describes 42 USC § 18115:
    No individual, company, business, nonprofit entity, or health insurance issuer offering group or individual health insurance coverage shall be required to participate in any Federal health insurance program created under this Act (or any amendments made by this Act), or in any Federal health insurance program expanded by this Act (or any such amendments), and there shall be no penalty or fine imposed upon any such issuer for choosing not to participate in such programs.
The website further explains that the Act referred to in 42 USC § 18115 is Obamacare:

    This Act, referred to in text, is Pub. L. 111–148, Mar. 23, 2010, 124 Stat.119, known as the Patient Protection and Affordable Care Act. For complete classification of this Act to the Code, see Short Title note set out under section 18001 of this title and Tables.
42 USC § 18115 refers to:

Title 42 – The Public Health and Welfare

Chapter 157 – Quality, Affordable Health Care For All Americans

Subchapter 6 – Miscellaneous Provisions

Section 18115 - Freedom Not to Participate in Federal Health Insurance Programs 

You can see it for yourself by going on the U.S. House of Representatives Office of Law Revision Counsel’s website for United States Code. 
This is what the U.S. Code website says about 42 USC § 18115:
§18115. Freedom not to participate in Federal health insurance programs

No individual, company, business, nonprofit entity, or health insurance issuer offering group or individual health insurance coverage shall be required to participate in any Federal health insurance program created under this Act (or any amendments made by this Act), or in any Federal health insurance program expanded by this Act (or any such amendments), and there shall be no penalty or fine imposed upon any such issuer for choosing not to participate in such programs.

(Pub. L. 111–148, title I, §1555, Mar. 23, 2010, 124 Stat. 260.)
References in Text

This Act, referred to in text, is Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 119, known as the Patient Protection and Affordable Care Act. For complete classification of this Act to the Code, see Short Title note set out under section 18001 of this title and Tables
More:

No comments:

Post a Comment

If I cannot identify you, then your post will be deleted.

No threats (Death or otherwise) allowed towards me or anyone else. If you have allegations of misconduct, they must be verifiable before I will publish them in comments.

Enjoy!