Virginia Seeking U.S. Supreme Court Review Of Dismissal Of Health Care Act Challenge

WASHINGTON, D.C. - (Mealey's) The Commonwealth of Virginia on Sept. 30 filed a petition for writ of certiorari with the U.S. Supreme Court, saying that the Fourth Circuit U.S. Court of Appeals erred in finding that Virginia lacked standing to challenge the Patient Protection and Affordable Care Act...

Liberty University Seeks High Court Review Of Ruling Denying Health Care Act Challenge

WASHINGTON, D.C. - (Mealey's) A Christian school on Oct. 10 filed a petition for certiorari with the U.S. Supreme Court, seeking review of a divided lower court decision that held that the Anti-Injunction Act (AIA) stripped the court of jurisdiction to hear a challenge to the Patient Protection and...

HHS Provides Temporary Relief for Stand-Alone HRAs

by Brian M. Pinheiro and Clifford J. Schoner Continuing the furious pace with which it has been issuing health care reform guidance, the U.S. Department of Health and Human Services (HHS) has indicated that all health reimbursement accounts (HRAs) that were in effect before September 23, 2010, are...

Circuit Panel Finds Individual Mandate In Health Care Reform Act Constitutional

WASHINGTON, D.C. - (Mealey's) A split panel of the District of Columbia Circuit U.S. Court of Appeals on Nov. 8 affirmed that the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is constitutional, with the dissenting judge saying the court lacked jurisdiction...

Supreme Court to Review Challenges to Health Care Reform Act

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 14 agreed to review three cases challenging the Patient Protection and Affordable Care Act (PPACA) after considering five of six petitions challenging the act at its Nov. 10 conference ( National Federation of Independent Business, et al...

Western Legal Group Briefs U.S. Supreme Court On Health Care Act

DENVER - A western, nonprofit, public-interest legal foundation on Feb. 10 filed its friend of the court brief with the U.S. Supreme Court and urged the court to uphold a ruling by the 11 th Circuit U.S. Court of Appeals upholding a Florida federal district court ruling that the individual mandate in...

Ask Lambda Legal - The Affordable Care Act and HIV

By Scott Schoettes, HIV Project Director for Lambda Legal Q: I recently tested positive for HIV, and a friend told me that I might have a hard time keeping health insurance if I changed jobs. What kind of insurance is available for me? A: In 2012, a positive HIV test result is the beginning of...

U.S. Supreme Court Considers Anti-Injunction Act Effect On Health Care Act

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 26 heard oral arguments on whether challenges to the Patient Protection and Affordable Care Act (PPACA) are premature under the Anti-Injunction Act (AIA) and should be barred until penalties for failing to purchase health care insurance...

Supreme Court Hears Arguments On Severability Of Mandate From Health Care Act

WASHINGTON, D.C. - (Mealey's) In the first of two sessions on March 28, the U.S. Supreme Court heard oral arguments on whether, if the individual mandate contained in the Patient Protection and Affordable Care (PPACA) is found unconstitutional, it can be severed from the remainder of the act ( National...

Supreme Court Hears Arguments On Expansion Of Medicaid Required By Health Care Act

WASHINGTON, D.C. - (Mealey's) In the final of four sessions of oral arguments held this week pertaining to the Patient Protection and Affordable Care Act (PPACA), the U.S. Supreme Court heard arguments March 28 on whether the act's expansion of Medicaid is constitutional ( State of Florida, et...

Supreme Court Finds Individual Mandate In Health Care Act Constitutional

WASHINGTON, D.C. - (Mealey's) In a sweeping opinion covering four issues addressed over three days of oral argument, the U.S. Supreme Court on June 28 found that the Anti-Injunction Act (AIA) does not bar challenges to the Patient Protection and Affordable Care Act (PPACA), that the individual mandate...

Breakdown of the Supreme Court Ruling on Patient Protection and Affordable Care Act

By Elise Klein and Joseph Hegedus In one of the most anticipated opinions of its term and perhaps in over half a century, the United States Supreme Court today resolved constitutional challenges to two provisions of the Patient Protection and Affordable Care Act (the "ACA"): First, a surprising...

SCOTUS Obamacare Ruling In (Mostly) Plain English

The Supreme Court issued its long-awaited opinion on "Obamacare" (aka Patient Protection and Affordable Care Act): National Federation of Independent Business, et al. v. Sebelius (opinion here) [ enhanced version available to lexis.com subscribers ]. It's a 193-page monster, but here's...

McGuireWoods on the Supreme Court's Federal Health Care Reform Law Decision

By Stephanie A. Kennan , Brian Looser , Vincent A. Dongarra and R. Brent Rawlings Intro: On June 28, 2012, the Supreme Court of the United States issued its opinion in the case of National Federation of Independent Business et al. v. Sebelius, Secretary of Health and Human Services, et al. [ enhanced...

Podcast: O'Melveny & Myers' Michael Maddigan Analyzes Supreme Court Health Care Act Ruling

The U.S. Supreme Court upholds the Patient Protection and Affordable Care Act. Hear these and other stories from LexisNexis® Mealey's TM Publications. Copyright© 2012 LexisNexis, a division of Reed Elsevier Inc. For the latest litigation news headlines, visit www.lexisnexis.com/mealeys or...

Supreme Court Ruling On 'ObamaCare' Dismays Mountain States Legal Foundation

By William Perry Pendley DENVER - A western, nonprofit, public-interest legal foundation with decades of experience addressing constitutional issues at the Supreme Court of the United States and the federal courts of appeals on June 28 expressed dismay at the 5-4 ruling of the Supreme Court reversing...

DLA Piper - Health Care at the Crossroads: The Supreme Court's Decision on the Affordable Care Act

On Thursday, June 28, the United States Supreme Court issued its highly anticipated decision on the constitutionality of portions of the Affordable Care Act (ACA) ( Nat. Fed'n of Indep. Bus. v. Sebelius , together with Florida v. Dept. of HHS and Dept. of HHS v. Florida ) [ enhanced version available...

Colorado Federal Judge Grants Preliminary Injunction In Contraception Mandate Case

DENVER - (Mealey's) A Colorado federal judge on July 27 granted a preliminary injunction in favor of a for-profit secular employer that will prevent the federal government from enforcing a mandate contained in the Patient Protection and Affordable Care Act (PPACA) that requires most employers to...

Cadwalader Client & Friends Memo: A 'Hat Trick' of Heightened False Claims Act Risks for Health Care Providers

Introduction At the risk of stating the obvious, fighting and prosecuting health care fraud are top priorities for the Federal Government, and the False Claims Act ("FCA") is its weapon of choice in the battle. In a speech in June, Stuart Delery, the Acting Assistant Attorney General for...

U.S. Supreme Court Orders 4th Circuit To Reconsider Health Care Act Challenge

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 26 revived a Christian university's challenge to the Patient Protection and Affordable Care Act (PPACA) when it ordered the Fourth Circuit U.S. Court of Appeals to review the case in light of the high court's ruling in a similar...

Justice Sotomayor Leaves Contraceptives Mandate in Health Care Act Intact

WASHINGTON, D.C. - U.S. Supreme Court Justice Sonia Sotomayor on Dec. 26 refused to block enforcement of the Patient Protection and Affordable Care Act's mandate that profit-making companies begin providing free birth control for women workers on Jan. 1 ( Hobby Lobby Stores Inc., et al. v. Kathleen...

Supreme Court Denies Injunction Pending Appellate Review Of Birth Control Issue

WASHINGTON, D.C. - (Mealey's) In an in-chambers order, the U.S. Supreme Court on Dec. 26 denied a request for an injunction pending appellate review of a lower court's decision rejecting a preliminary injunction to halt the implementation of a mandate contained in the Patient Protection and Affordable...

Federal Government Offers Rulemaking For Compromise On Birth Control Coverage

WASHINGTON, D.C. - (Mealey's) The U.S. Department of Health and Human Services on Feb. 1 issued a notice of proposed rulemaking on recommended changes to the preventive services policy contained in the Patient Protection and Affordable Care Act (PPACA). ( Proposed rules available. Document #31...

Supreme Court Justice Halts Birth Control Mandate For Catholic Group

WASHINGTON, D.C. — (Mealey’s) U.S. Supreme Court Justice Sonia Sotomayor on Dec. 31 temporarily blocked the federal government from enforcing the birth control mandate contained in the Patient Protection and Affordable Care Act (PPACA) against an order of Catholic nuns at the request of the...

Supreme Court Blocks Enforcement Of Birth Control Mandate

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Jan. 24 enjoined the federal government from enforcing the birth control mandate contained in the Patient Protection and Affordable Care Act (PPACA) against an order of Catholic nuns pending final disposition of an appeal by the 10th...