Since March 23, 2010 when President Obama enacted the new legislation legal attacks continue to mount on one of the health care reform law's highest profile provisions – the requirement that all Americans carry health insurance or pay a penalty.

The requirement isn't scheduled to take effect until 2014, but on Friday, seven states (Alaska, Arizona, Georgia, Indiana, Mississippi, Nevada and North Dakota) officially joined 13 others in a lawsuit filed in U.S. District Court in Florida. Together, the 20 states are challenging the constitutionality of the individual mandate requiring everyone to purchase private health insurance. The states are arguing the federal government does not have the authority to force people to buy a product – in this case, health insurance. One of the nation's largest small business groups, the National Federation of Independent Business (NFIB), has also joined the lawsuit.

Since the enactment of health care reform, numerous states have filed similar legal actions, but according to the New York Times, the Florida lawsuit "could carry the most weight, and may be on the fastest track in the most advantageous venue."

The Obama administration defends the mandate as valid, saying Congress has the power to regulate interstate commerce. Last week, Justice Department attorneys provided the government's first official response on the matter – in reference to a lawsuit filed in federal court in Detroit on March 23, the same day the President signed the health care reform law. The conservative Thomas More Law Center brought the suit, alleging the mandate amounts to an unconstitutional tax.

Meantime, Missouri is the first state to call for a public vote on the health insurance mandate. The state's House of Representatives last week approved a ballot measure that says individuals and businesses cannot be compelled to have health insurance. The vote is scheduled for Aug. 3, during the state's primary election.

 

Regardless of the final impact these lawsuits or upcoming congressional elections have on the implementation of the new Health Care Reform Law, the fact remains that the only way to truly reform our health care system and the health insurance market is by putting the consumer back in control. Health Savings Accounts (HSA) are a great first step. Check out HSA Basics  to learn more.