Federal appeals court upholds S.F. health coverage law

San Francisco Chronicle ^ | 9/30/8 | Bob Egelko

[SmithL]

SAN FRANCISCO -- A federal appeals court upheld San Francisco's pioneering health coverage program today, saying the city has the legal authority to require employers to help pay for health care for uninsured workers and residents.

The Ninth U.S. Circuit Court of Appeals rejected challenges by restaurant owners and the Bush administration to the ordinance, the first of its kind in the nation.

The 2-year-old program, when fully implemented, will offer care at a network of hospitals and clinics for 73,000 uninsured adults not covered by the Medi-Cal program for the poor or Medicare for the elderly.

More than 80 percent of the $200 million annual cost will come from state and local taxes and payments from patients, based on their incomes. The lawsuit challenged the city's authority to require large and midsize companies to help pay the bill.

Under the ordinance, companies that do not offer insurance to their workers, at levels of spending set by the city, must pay a fee to cover the cost of the employees' care at the city's network of hospitals and clinics. That provision applies to private employers with at least 20 workers and to nonprofits with at least 50.

...In today's ruling, a three-judge panel said San Francisco is not regulating employee benefit plans.

[SmithL]

Oh Boy! FREE Healthcare!

[dubie]

UFB!

[Leo Farnsworth]

I refuse to vacation in California.

They don't deserve $.01 of my hard earned money.

[SmithL]

Fletcher, William A.

Born 1945 in Philadelphia, PA

Federal Judicial Service:
Judge, U. S. Court of Appeals for the Ninth Circuit
Nominated by William J. Clinton on January 7, 1997, to a seat vacated by William Albert Norris; Confirmed by the Senate on October 8, 1998, and received commission on October 9, 1998.

Education:
Harvard College, B.A., 1968

Oxford University, B.A., 1970

Yale Law School, J.D., 1975

Professional Career:
U.S. Navy Lieutenant, 1970-1972
Law clerk, Hon. Stanley A. Weigel, U.S. District Court, Northern District of California, 1975-1976
Law clerk, Justice William J. Brennan, Jr., Supreme Court of the United States, 1976-1977
Professor of law, University of California, Berkeley, Boalt Hall School of Law, 1977-1998

Race or Ethnicity: White

Gender: Male

[ethics]

Does this include illegal aliens?

[Azzurri]

In a related story, the city is also facing a projected budget deficit of $338 million this fiscal year. With all the tourism money that comes into the city, that is a staggering deficit...mismanagement at every level of the city.

[technically right]

It was the 9th circuit for crying out loud. Did anyone really believe that they would rule differently. I will be interesting to see if there is a request for an en bloc ruling.

[w1andsodidwe]

Does this include illegal aliens?

Do you even have to ask?

[<1/1,000,000th%]

Looks like there won’t be many companies operating in SF.

[Secret Agent Man]

If they get their way, pretty soon they’ll tax you coming in AND coming out of Cali.

[realdifferent1]

To paraphrase Ross Perot: “That giant sucking sound” will be the sound of more wealth fleeing CA.

[threeoeight]

Why Obama must be stopped at any cost.

[threeoeight]

Why Obama must be stopped at any cost. Support McCain.

[Edgerunner]

The 9th circus court. Imagine that!

[Cyman]

“en bloc ruling”

Please explain?

[Little Ray]

Ninth Circus. Just appeal again and it will likely be reversed.

[MrEdd]

Looks like you can avoid it by having fewer than 20 employees.

Time to franchise.

[count-your-change]

So if a restaurant has 20 employees it can just fire one and not be covered.

[jeffc]

saying the city has the legal authority to require employers to help pay for health care for uninsured workers and residents.

Residents? For over 200 years businesses didn't have to provide "health" coverage to employees, and suddenly there is a "legal authority" to require businesses to pay health care costs? What's next, a requirement for businesses to pay for cable TV?

[SmithL]

This decision, like most Appeals Court decisions was made by a three-judge panel. The restaurants could ask for an en-blanc hearing from the entire 9th Circuit.