Why are Native Americans exempt from the Obama Care individual mandate?
Asked by
josie (
30934)
September 17th, 2013
Yes, I know that they are given treatment in Federally funded clinics.
But shouldn’t they be in the patient pool?
The more participants, the lower everybody’s premium.
Or not?
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8 Answers
I think this explains it.
For the same reason people from France are exempt. Native American reservations are recognized by treaty as sovereign nations. Our authority with regard to them is minimal. Thus anyone whose primary citizenship is linked to one of those nations is exempt from laws that only apply to those whose primary citizenship is linked to the United States.
It’s even simpler, @SavoirFaire: it’s the same reason people employed with benefits are ‘exempt’: they already have their care covered (through the federal government, no less). It’s not an exemption as much as an acknowledgement that they’re already in the system in a different form.
Found through @Pachyderm_In_The_Room‘s link, btw.
@BhacSsylan I read @Pachyderm_In_The_Room‘s link before writing my answer. What you gave is the administration’s rationale. What I gave is the legal impetus behind finding a rationale (which is also alluded to in the linked article). Two parts of the same story, I’d say.
Native Americans who live on reservations are not American Citizens.
@BhacSsylan No problem. Both sides are important, and I only mentioned one. My answer was incomplete, and you were right to point out the deficiency.
@DWW25921 Not quite. All Native Americans are granted dual citizenship by the Indian Citizenship Act of 1924.
@SavoirFaire That’s what I get for not looking it up first… (sigh)
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