I SO hope PPACA is overturned entirely.
BUT, I have a contrarian question. If EMTALA is constitutional - if Congress has the power to require all hospitals to treat all emergencies and women in labor for free - then isn’t it implied that Congress can come up with a scheme to pay for that?
Of course - they have the power to levy equitable taxes and pay for any constitutional program they like from the general treasury.
A major portion of this whole charade has been a game to pretend that somehow 40 million ininsured can magically be included in the health system for "free". There is nothing I know of that would prevent Congress from levying a 5% excise tax on hospital bills to pay for the uninsured. But then, the public might notice.