The surprise vote by Chief Justice John Roberts to uphold the Patient Protection and Affordable Care Act at the end of June really was a bold decision that redefined the Commerce Clause. In an era when ego, power and politics rule, Roberts made the brave decision not to use judicial power to overrule the democratic process. He actually gave us an early Independence Day gift by not letting the Supreme Court define the future of our health care policy. He tossed it back to the people (the voters) and politicians to shape the future of health care reform through the political process. Now, this idea is based on the premise that the parties could work together. A long-shot at best, but at least it gives us a glimmer of hope.
What is the impact of the Supreme Court’s decision on health reform? At this point, I really don’t think you need another outline of what happens next based on the law itself. That is why we have high-priced lawyers and consultants to help us. I want to write about the future. I really didn’t care what the Supreme Court was going to decide, because long before PPACA was proposed I knew this industry was in for drastic change. I remember a time not too long ago when being an employee benefit “broker” meant you were fat, happy and, mostly likely, rich. I have known and said for some time that the industry would have to change if brokers were to keep that image.
