BCBSNC Announces Mobile App for Members

Blue Cross and Blue Shield of North Carolina (BCBSNC) is proud to announce a convenient mobile app for members called HealthNAV. Visit http://www.bcbsnc.com/ today to learn more. The unexpected does not alway happen when a computer is available, however your smartphone is most likely always with you. BCBSNC understands that having your health insurance information at hand no matter where you are is important, especially when health care decisions need to be made quickly.
With the HealthNAV app, members can:

• View benefits and claims
• Verify coverage
• Find a doctor, including the nearest urgent care center
• Compare costs for prescription drugs
• Access health care cost estimates

This exciting addition to the many services BCBSNC provides to their members will be a great convenience. For full access to "My Member Services" please visit My Member Services & register today. 

Surviving the Summer Heat

Summer heat can be more than uncomfortable- it can be a threat to your health, especially for older adults and children. Whatever your age, don't let the summer heat get the best of you.

Heat Exhaustion
Heat exhaustion occurs when a person cannot sweat enough to cool the body, usually the result of not drinking enough fluids during the hot weather. It generally develops when a person is playing, working, or exercising outside in extreme heat. Symptoms include:

• Dizziness, weakness, nausea, headache, and vomiting
• Blurry vision
• Body temperature rising to 101 degrees Farenheit
• Sweaty skin
• Feeling hot and thirsty
• Difficulty speaking

A person suffering from heat exhaustion must move to a cool place and drink plenty of water.

Heat Stroke
Heat Stroke is the result of untreated heat exhaustion. Symptoms include:

• Sweating
• Unawareness of heat and thirst
• Body temperature rising rapidly to above 101 degrees Farenheit
• Confusion or delirium
• Loss of consciousness or seizure

Heat stroke is a serious medical emergency that must be treated quickly by a trained professional. Until help arrives, cool the person down by placing ice on their neck. If the person is awake and able to swallow, give him or her fluids.

Tips for Staying Cool

• Drink plenty of water. In hot weather, drink enough to quench your thirst. The average adult needs eight 8-ounce glasses of water a day- more during heat spells.
• Dress for the weather. When outside, wear lightweight clothing made of natural fabrics and a well-ventilated hat.
• Stay inside if possible. Do errands and outside chores early or late in the day.
• Eat light. Replace heavy or hot meals with lighter, refreshing foods.
• Think cool! Take a cool shower or apply a cold compress to your pulse points. Or, try spending time indoors at an air-conditioned mall or movie theater.

DID YOU KNOW?
Staying well hydrated is one of the most important things you can do to beat the heat. Feeling thirsty means that your body is on the road to becoming dehydrated- so don't wait to drink until you are thirsty, especially if working or exercising outside in extreme heat.

Supreme Court's Decision on Health Care Reform Law

Supreme Court Upholds Health Care Reform Law

On June 28, 2012, the last day of its current term, the U.S. Supreme Court announced its decision on the constitutionality of the health care reform law. The Court essentially upheld the entire law, holding that Congress acted within its constitutional authority when enacting the individual mandate. This means that the health care reform law will continue to be implemented as planned and provisions that are already effective will continue. 

BACKGROUND

The health care reform law, commonly referred to as the Affordable Care Act, was enacted in 2010. Opponents of the law quickly started filing legal challenges to its validity. Most of the legal challenges focused on the constitutionality of the law’s individual mandate—the requirement that individuals purchase health insurance coverage or pay a penalty beginning in 2014.

The U.S. Courts of Appeals split in their decisions regarding the law’s constitutionality. To resolve this uncertainty, the U.S. Supreme Court reviewed the health care reform law in March 2012. The Court heard six hours of oral argument on the case, which is an extraordinary amount of time for oral argument. Most modern court cases only receive one hour of oral argument so this was indicative of the importance of the health care reform law challenges.

Challenges to the Individual Mandate

The main substantive challenge to the health care reform law was whether Congress had the authority under the U.S. Constitution’s Commerce Clause to require individuals to purchase health insurance coverage. The Commerce Clause gives Congress the power to regulate multi-state, economic activity. Most of the arguments centered on whether enacting the mandate fell within the Congressional power to regulate interstate commerce.

Opponents of the health care reform law argued that the Commerce Clause does not give Congress the power to regulate economic inactivity (that is, the decision not to purchase health insurance). They noted that Congress’ Commerce Clause power has never before been extended to this degree, and argued that this would open the door for the federal government to have unrestricted power to regulate.

The Obama Administration, however, stated that the law was an attempt by Congress to address the problems of access and affordability in the national health care market. The Administration pointed to the health care costs associated with the uninsured to demonstrate the economic effect of not purchasing health coverage, and argued that the law expands access to health care by making affordable health insurance more widely available.

Opponents of the law also argued that without the individual mandate, the law could not function as intended and would have to be struck down in its entirety. The Obama Administration argued that,  in the event the individual mandate was ruled unconstitutional, only certain provisions of the law—those related to guaranteed issue and underwriting restrictions—would also be invalid. Thus, these parts of the law could be severed and all other provisions could stand.

the court’s decision

The Supreme Court ultimately ruled that Congress acted within its constitutional authority when enacting the individual mandate. In its ruling, the Court first concluded that the Commerce Clause did not give Congress the power to pass the individual mandate. The Court concluded that Congress has the authority to regulate interstate commerce, but does not have the authority to compel it. The Court stated that “construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new and potentially vast domain to congressional authority.”

However, the Court held that Congress had the power to enact the mandate under its authority to impose taxes. The majority of the Court agreed that the individual mandate’s penalty is essentially a tax that Congress can impose using its taxing authority. The Court held that “our precedent demonstrates that Congress had the power to impose the exaction in [the individual mandate] under the taxing power, and that [the individual mandate] need not be read to do more than impose a tax. That is sufficient to sustain it.”

Because the Court upheld the individual mandate, it did not need to decide whether other provisions of the health care reform law were constitutional. One exception to this is a provision that required states to comply with the health care reform law’s new Medicaid eligibility requirements or risk losing their federal funding. The constitutionality of this provision was also before the Court. On that issue, the Court ruled that the provision is constitutional, but that Congress cannot penalize states that decide not to participate in the law’s Medicaid expansion by taking away their existing Medicaid funding.

Future Implications

Because the individual mandate was upheld, all aspects of the health care reform law that have been implemented will remain in effect. Additionally, the remaining provisions of the health care reform law that are not currently in effect will continue to be implemented as planned. Most notably, beginning in 2014, all individuals will generally be required to purchase health insurance or pay a penalty.

Many of the health care reform law’s provisions require agency guidance to be implemented. The Departments of Labor (DOL), Health and Human Services (HHS) and Treasury have been regularly issuing guidance to implement the health care reforms. These agencies will continue to promulgate regulations relating to the health care reform law, and employers and health plans will be required to comply with these to the same extent that they are required to comply with the various provisions of the health care reform law.

Although the Supreme Court held that the individual mandate is constitutional, opponents of the health care reform law may challenge other provisions using various legal arguments. If any further challenges arise, courts will address these accordingly.

Additionally, members of Congress have already introduced new legislation to amend or repeal various parts of the health care reform law, and likely will continue with this strategy. Each of these possibilities may have an impact on the health care reform law and its requirements in the future.

Additional Resources

A copy of the Supreme Court’s decision is available at: www.supremecourt.gov/.