Paxton: On the Constitutionality of Affordable Care Act

Supreme Court Hears Arguments on Constitutionality of Affordable Care Act

By State Rep. Ken Paxton

Texas Insider Report: DALLAS Texas Not only is the constitutionality of the Affordable Care Act in front of the Supreme Court this week but we must also examine the impact upon businesses in Texas. Business owners will see the cost of hiring workers increase dramatically due to the regulations and taxes upon businesses.   This week the United States Supreme Court heard arguments in the Florida v. Health and Human Services case that is challenging the constitutionality of the Patient Protection and Affordable Care Act.  The Affordable Care Act signed into law on March 23 2010 faced an immediate court challenge due to the imposition of a mandate requiring individuals to purchase health insurance or face penalties.  If the cost of hiring workers increases a business will refrain from hiring new workers which does not lead to expanded economic opportunities.  In addition to the penalties and regulations upon businesses and individuals the Congressional Budget Office released an update of their cost estimate for the Affordable Care Act in mid-March that shows an additional $1.7 trillion in spending for Medicaid programs.  The Texas Health and Human Services Commission in 2010 estimated Texas would spend an additional $5 billion per year on Medicaid by 2023 due to an increase in the number of individuals who are eligible.  The Legislature last session took action to exert state sovereignty by passing the Health Care Compact.  This compact if approved by Congress will give Texas and other member states the ability to develop health care policies free of federal regulations and tax penalties to allow the state to manage our own budget and health care needs.  Medicaid as we now know it is unsustainable and will quickly consume the vast majority of the state budget.  If the U.S. Supreme Court rules the Affordable Care Act unconstitutional we can reset the debate on health care and insurance policies.    Developing a market driven system that focuses on quality health care outcomes and encourages competition among health care and insurance providers are key reforms to empowering individual consumers to make their own health care decisions instead of imposing government control. Representative Ken Paxton was elected to the Texas House of Representatives in 2002 and is currently in his 4th term representing District 70. Paxton received his BA & MBA from Baylor University and also earned a law degree from the University of Virginia. He and his wife Angela live in McKinney TX and have 4 children.