Supreme Court Rules That the Affordable Care Act is Constitutional

Decision represents great win for children and families across the nation

FOR IMMEDIATE RELEASE

June 28, 2012 [Chicago, IL] – Today the Supreme Court ruled in a 5-4 decision that the Affordable Care Act is constitutional. This represents a great win for America’s children, and their families. In terms of the impact on healthy child development and the prevention of child abuse and neglect, this ruling means that millions of children and young people across the nation will continue to benefit from such provisions as:

• Allowing young people to remain on their parents' insurance until age 26, 2.5 million young people have taken advantage of this protection since the law was passed; 
• Prohibiting insurance companies from denying coverage to children with pre-existing conditions; 
• The continuation of funding for the very successful SCHIP (State Children's Health Insurance Plan) through 2014, at which time other provisions to provide children coverage will take effect; 
• The elimination of lifetime caps on benefits; and 
• The continuation of funding for Home Visiting, including funding for Healthy Families America, which, over the next five years, will serve over 100,000 families.

Further, this also guarantees a healthy pool of individuals paying for insurance which lessens the likelihood of insurance companies raising the price of premiums, leaving more Americans able to afford coverage, and an increased number families who won’t struggle to have their most basic health care needs met.

"Today, Prevent Child Abuse America thanks the Supreme Court for their decision to uphold ACA and the protections it provides to children, youth and families, particularly those most vulnerable," said James M. Hmurovich, President & CEO, Prevent Child Abuse America. “This kind of decision reflects that we, as a country, can take steps to positively impact the healthy development of children and their families; and do more than pay lip service to the idea that children, all children, are our priority.”

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About Prevent Child Abuse America
Prevent Child Abuse America, founded in 1972 in Chicago, works to ensure the healthy development of children nationwide. The organization promotes that vision through a network of chapters in 49 states and over 400 Healthy Families America, home visitation sites in 37 states, the Mariana Islands, Puerto Rico and Canada. A major organizational focus is to advocate for the existence of a national policy framework and strategy for children and families while promoting evidence-based practices that prevent abuse and neglect from ever occurring. To learn more about what we’re doing to prevent child abuse and neglect and how you can help, please visit our websites, here and here.

The Affordable Care Act Waiting Game, Part One, Act IV.

The Affordable Care Act (ACA) is the official name for the health reform package that Congress passed in early 2010. For most adults, the full impact of this legislation will not be felt until 2014. In two years, all Americans will be required by law to heave health insurance; in exchange, insurance companies will be forbidden fromm denying coverage to anyone, regardless of previous health concerns.

For millions of children and families however, the ACA's protections are currently providing critical coverage and services. Under the ACA, insurance companies were required to offer insurance to all children immediately, even those children with a pre-exisiting condition. In addition, children and their families no longer have to worry about lifetime caps on medical expenses, young adults can stay on their parents insurance until age 26 and, perhaps most importantly, the ACA offers home visitation services to at-risk families to prevent child abuse and neglect and ensure the healthy development of all children.

In April, the Supreme Court heard arguments regarding the constitutionality of the Affordable Care Act. To better understand these arguments, think of a play in four acts, and please note that Acts I, II, and III were posted last week - here.

Act IV: Did Congress step on the states toes with the expansion of Medicaid?

This is perhaps the most complicated part of the argument, but could potentially have the farthest reaching consequences. In the US, the federal government often uses funding to enact policies that states would not otherwise carry out consistently.

For example, until the 1970's, the drinking age varied from state to state. In an effort to curb drunk driving, the federal government required that in order to receive money to build and maintain roads and highways, states must adopt a drinking age of 21. Although the states could set any drinking age they wanted if they did not accept the money from the government, the incentive was too good to pass up. (Think of it like a teenager who receives a car from her parents only if she agrees to drive her little brother to and from school.)

As part of its efforts to ensure everyone in America is covered by health insurance, Congress expanded the Medicaid program to include significantly more low income individuals, including millions of previously uninsured children.

This program is one in which the states receive money from the federal government which they use to provide Medicaid coverage to their citizens. In order to receive this money, states must pay a portion of the costs and follow guidelines set forth by the government. (To extend the car metaphor, the teenager who received the car is now also responsible for covering some of the cost of gas, including those incurred driving her brother around).

The group of states who brought the case to the Supreme Court claim that the amount of money being offered to extend Medicaid is too great to pass up, but, at the same time, there are too many strings attached. The Supreme Court must decide if, as the states are claiming, Congress' requirements are coercive.

The Supreme Court will issue their decision regarding the ACA any day now, and possibly as early as today. Part Two of this series will examine the potential consequences of that decision on the prevention of child abuse and neglect; and more broadly, the health of children, youth and families today and for generations to come.

The Affordable Care Act Waiting Game, Part One, Act III.

The Affordable Care Act (ACA) is the official name for the health reform package that Congress passed in early 2010. For most adults, the full impact of this legislation will not be felt until 2014. In two years, all Americans will be required by law to have health insurance; in exchange, insurance companies will be forbidden from denying coverage to anyone, regardless of previous health concerns.

For millions of children and families however, the ACA's protections are currently providing critical coverage and services. Under the ACA, insurance companies were required to offer insurance to all children immediately, even those children with a pre-exisiting condition. In addition, children and their families no longer have to worry about lifetime caps on medical expenses, young adults can stay on their parents insurance until age 26 and, perhaps most importantly, the ACA offers home visitation services to at-risk families to prevent child abuse and neglect and ensure the healthy development of all children.

In April, the Supreme Court heard arguments regarding the constitutionality of the Affordable Care Act. To better understand these arguments, think of a play in four acts, and please note that Acts I and II were posted yesterday - here.

Act III: If the individual mandate is ruled unconstitutional, would the remainder of the law also have to be nullified as this provision is such a critical piece (aka: severability)?

In essence, insurance companies are in the gambling business; in order to make money, they bet on their customers. When an individual purchases car insurance, the bet is that the policy holder won't have an accident. Similarly, when health insurance is purchased, the company places their odds on a given policy holder not having to visit the doctor or the hospital very often.

Congress understood this when crafting the ACA, that's why the provision for the individual mandate is so important to the law. Most people are healthy most of the time; therefore, if everyone is covered by insurance, the insurance companies' odds of making a profit are pretty high. However, if the mandate is struck down and the remainder of the law is upheld, there is nothing to prevent an individual from waiting until he or she is ill to purchase insurance, thereby guaranteeing the insurance companies would incur the cost.

So, if the Supreme Court decides that Congress when too far in declaring all Americans must puchase health insurance, they must then decide if the ACA can feasibly be enacted without this provision.

The Supreme Court will issue their decision regarding the ACA any day now. Act IV will be posted tomorrow.

The Affordable Care Act Waiting Game, Part One, Acts I and II.

As parents and children across the country begin to make plans for summer camps and trips to Grandma's house, the children's advocacy community is making plans of a different sort...how to prepare for the potential fallout of a Supreme Court decision regarding the Affordable Care Act and the impact that decision will have on the healthy development of children across the country.

The Affordable Care Act (ACA) is the official name for the health reform package that Congress passed in early 2012. For most adults, the full impact of this legislation will not be felt until 2014. In two years, all Americans will be required by law to have health insurance; in exchange, insurance companies will be forbidden from denying coverage, regardless of health concerns.

For millions of children and families however, the ACA's protections are currently providing critical coverage and services. Under the ACA, insurance companies were required to offer insurance to all children immediately, even those children with a pre-existing condition.  In addition, children and their families no longer have to worry about lifetime caps on medical expenses, young adults can stay on their parents insurance until age 26 and, perhaps most importantly, the ACA offers home visitation services to at-risk families to prevent child abuse and neglect ad ensure the healthy development of all children.

What's the Supreme Court Got to Do with This?

You may remember from high school civics, or a college government class, that the US has three branches of government: legislative, judicial, and executive. In a nutshell, the legislative branch makes the laws, the executive branch carries them out, and the judicial branch ensures legislation is Constitutional.

In April, the Supreme Court, (head of the judicial branch) heard arguments regarding the constitutionality of the Affordable Care Act. To better understand the arguments, think of a play in four acts.

Act I: Is 2012 too early to hear the case? 

As stated earlier, the ACA won't impact most Americans until 2014, so the Supreme Court must decide if they should wait until then to issue a decision.

Act II: Is the law requiring all Americans to have health insurance (the individual mandate) Constitutional?

The case against the ACA was argued on the behalf of a group of states that asserted Congress had overstepped their bounds in requiring all Americans to have health insurance. For most Americans, this requirement would involve a financial transaction of some sort, whether health coverage was provided through work with employees paying for a portion of costs, or if insurance was bought individually.

The Supreme Court will issue their decision regarding ACA any day now. Part One, Act III will be posted tomorrow.

Part Two of this series will examine the potential consequences of that decision on the prevention of child abuse and neglect; and more broadly, the health of children, youth and families today and for generations to come.

Healthy Families America Chosen by 33 states for the Maternal, Infant and Early Childhood Home Visiting Program

FOR IMMEDIATE RELEASE

Chicago, IL (July 8, 2011) - Prevent Child Abuse America is pleased that Healthy Families Amercica, Prevent Child Abuse America’s signature, evidence-based home visiting program has been chosen by a total of 33 states and all five US Territories (Guam, Puerto Rico, US Virgin Islands, America Samoa, and the Commonwealth of the Northern Mariana Islands) as one, if not their only model, to fund with federals dollars via the Maternal, Infant and Early Childhood Home Visiting Program, a component of the Patient Protection and Affordable Care Act.

“We couldn’t be more excited, or humbled, to learn about the interest in Healthy Families America,” said James M. Hmurovich, President & CEO, Prevent Child Abuse America, “but we also believe that what’s truly important is that home visiting is available to all children and their families. This is about the future of this country and ensuring that all children have an equal opportunity for healthy growth and development.”

Healthy Families America is an evidence-based, nationally recognized home visiting program model designed to work with overburdened families who are at-risk for adverse childhood experiences, including child maltreatment. It is the primary home visiting model best equipped to work with families who may have histories of trauma, intimate partner violence, mental health and/or substance abuse issues. Healthy Families America services begin prenatally, or right after the birth of a baby, and are offered voluntarily, intensively and over the long-term, three to five years after the birth of the baby.

“This news represents the strength of this community-based partnership between parents, providers and the places they live,” added Hmurovich, “and to further the reach and impact of a program such as Healthy Families America is not just an accomplishment for Prevent Child Abuse America, but the right thing to do.”

Prevent Child Abuse America would also like to take a moment to recognize the hard work of the Healthy Families America staff, Cydney M. Wessel, National Director of Healthy Families America; Phyllis Medrano, Healthy Families America Network Coordinator; Lisa Sutter, National Director of Training; and Kate Whitaker, Kathleen Strader and Lynn Kosanovich, Regional Directors for the West-Southeast, Central and Northeast respectively, because without them this level of interest and support for the program would not be possible.

“Ultimately, we know that the success of evidence based models like Healthy Families America are enhanced by the commitment and skills of the staff that administer it, train on it and develop the implementation strategies that allow it to expand its presence in communities across the nation,” said Hmurovich.

ABOUT PREVENT CHILD ABUSE AMERICA

Prevent Child Abuse America, founded in 1972, works to ensure the healthy development of children nationwide while recognizing that child development is a building block for community development and economic development. We believe that communities across the country are doing innovative things with great results to prevent abuse and neglect from ever occurring, and what we need to do as a nation is commit to bringing this kind of ingenuity to communities everywhere. Based in Chicago, Prevent Child Abuse America has chapters in 47 states and 387 Healthy Families America sites in 36 states.

The One Percent to Prevent Challenge continues.

We are off to a great start with our One Percent to Prevent Challenge. We want to show what can happen when one percent of us act to make a difference for children and families throughout our country. With just a $10 donation, you can truly make a difference in preventing child abuse.

Why now? Congress just passed the Patient Protection and Affordable Care Act, which will expand high-quality, voluntary, home visitation services, such as our program to prevent child abuse, Healthy Families America. Building off this momentum, it’s important that these programs are well-funded and supported by the community. That’s where you come in. Show your support for these programs with a small donation to this cause.

Let’s show what one percent can do!

New health care law includes unprecedented investment in early childhood home visitation.

FOR IMMEDIATE RELEASE

Chicago, Illinois, March 23, 2010 – Prevent Child Abuse America applauds Congress and the Administration for enacting the Patient Protection and Affordable Care Act. Among the many provisions that benefit children, the legislation signed by the President today will dramatically improve the health and development of our nation’s children and families through the expansion of high-quality, voluntary, home visitation services, such as Healthy Families America.

“We have long known that home visiting is one of the most effective ways to improve child health and development,” said Jim Hmurovich, President & CEO of Prevent Child Abuse America. “Now, for the first time, there is federal funding dedicated solely to expanding access to this valuable service.”

Research has shown that high-quality, voluntary early childhood home visitation programs lead to proven, positive outcomes for children and families and evaluations of Healthy Families America, Prevent Child Abuse America’s nationally recognized, signature home visitation program, have consistently found that program participants showed:

Reduced child maltreatment;

Decreased pre-term, low weight babies;

Increased utilization of prenatal care;

Increased access and use of primary care medical services;

Increased child immunization rates to improve health outcomes;

Increased school readiness;

Decreased dependency on public assistance and other social services; and

Improved parent-child interaction.

Because of this proven track record, evidence-based early childhood home visiting services have long enjoyed bipartisan support at the state and federal levels. Home visitation services across the country have struggled, however, with unreliable and unsustainable funding, a situation further exacerbated by the recent state of the economy. Overcoming this challenge has long been one of Prevent Child Abuse America’s top priorities.

The new law provides states with $1.5 billion over five years to fund the home visitation services that best suit the needs of their communities, while putting important parameters in place to assure quality of services.

“While no one piece of legislation can prevent child abuse and neglect,” said Hmurovich, “the enactment of the new state grant program for home visitation is an important step towards ensuring that all children have the opportunity to grow up in a healthy and nurturing environment.”