Posted on 12/26/2007 6:26:06 PM PST by SmithL
San Francisco - A federal judge today overturned a central feature of San Francisco's ground-breaking health insurance law, which would require employers to help pay for coverage of the city's 82,000 uninsured adult residents.
U.S. District Judge Jeffrey White described San Francisco's goal as "laudable" but said its ordinance - the first of its kind in the nation, and a potential model for other California cities and the state - conflicted with a 1974 federal law that prohibits state and local governments from regulating employees' benefits.
The ruling, if it stands, will require the city to scale back plans to extend health coverage to all uninsured residents who aren't already covered by the Medi-Cal program for the poor or by Medicare for the elderly.
...White's ruling could impede other state and local efforts to cover the uninsured in the absence of a national law. A state health care bill endorsed by Gov. Arnold Schwarzenegger and approved by the Assembly would be partly funded by employer fees, subject to state voters' approval.
City Attorney Dennis Herrera said he would ask the Ninth U.S. Circuit Court of Appeals on Thursday for an emergency stay that would allow the employer fee to take effect as scheduled Jan. 2 while the city appealed White's ruling. Without a stay, Herrera said, "tens of thousands of San Francisco residents and workers will be deprived of critically necessary health care services."
...Under the challenged provision, private employers with at least 20 employees and nonprofits with at least 50 employees were to be given two choices: provide health coverage, at spending levels set by the ordinance, or pay a fee to support the city health program,
(Excerpt) Read more at sfgate.com ...
U.S. District Judge Jeffrey White described San Francisco's goal as "laudable" but said its ordinance - ... - conflicted with a 1974 federal law that prohibits state and local governments from regulating employees' benefits.
But, but, they meant well!
He struck it down, what more do you want?
This will be turned by the left into a call for new federal regulations allowing this sort of thing.
Remember, “it takes a pillage!”
The Massachusetts plan should be DOA, then.
Is this a great country, or what?
In Massachusetts, it doesn’t have anything to do with employee benefits, I don’t think.
Is this a great country, or what?
I’m delighted that he struck it down. What’s behind your question?
I had to read that first paragraph four times! Employers paying for health benefits for uninsured residents? Is California trying to drive businesses away intentionally now? Wow.
I always assumed a "stay" would stop a law from going into effect until all appeals have been made, not the other way around.
I guess at this point I’m just sitting back and watching to see whether California can turn itself into a third world country.
A state health care bill endorsed by Gov. Arnold Schwarzenegger and approved by the Assembly would be partly funded by employer fees, subject to state voters' approval.
San Francisco will have to find a new way to punish business in the Special City.
I get that. I am just sitting here wondering to myself; if the employers/businesses were to raise the prices of everything to include all the entitlements the people expect, what their reaction would be. How could they complain?
Probably because they route it through your personal income tax.
Their cigarette taxes will have to go thru the roof to pay for this.
See Gee, What A Surprise... (Firms find ways around Mass. state health law)
Missed it by THAT much chief.
How could they not? Someone has to pay for it. Not only businesses but also consumers are going to have to leave in order to not have all their money spent by the state and local governments.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
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