Providing health care services and/or health care insurance is not listed in the Constitution as an enumerated power of the federal government. The tenth amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
as of now no, but they could make it an amendment making it constitutional
Whether correct or not, such a restrictive reading of the Constitution is obsolete.