11th Circuit Finds PPACA's Individual Mandate Unconstitutional

ATLANTA - (Mealey's) A split 11th Circuit U.S. Court of Appeals panel on Aug. 12 reversed summary judgment involving the Patient Protection and Affordable Care Act but said the health care reform law's mandate that American buy health insurance or pay a penalty is unconstitutional ( State of...

11th Circuit Strikes Health Insurance Requirement

ATLANTA - (AP) A federal appeals panel struck down the centerpiece of President Barack Obama's sweeping health care overhaul Friday, moving the argument over whether Americans can be required to buy health insurance a step closer to the U.S. Supreme Court. The divided three-judge panel of the 11th...

9th Circuit Affirms Plaintiffs Lack Standing To Challenge Health Care Act

SAN FRANCISCO - (Mealey's) A panel of the Ninth Circuit U.S. Court of Appeals on Aug. 13 affirmed a lower court ruling that plaintiffs challenging the Patient Protection and Affordable Act (PPACA) lacked standing to challenge the act because they failed to show an injury in fact or a genuine threat...

Ballard Spahr LLP: Federal Court of Appeals Strikes Down Individual Mandate for Health Coverage

By Edward I. Leeds Deciding a case, Florida v. Department of Health and Human Services , that could herald a showdown in the U.S. Supreme Court, a divided panel of the U.S. Court of Appeals for the 11th Circuit has ruled that the individual mandate provision of the Patient Protection and Affordable...

Ballard Spahr LLP: More Guidance Provided on State Health Insurance Exchanges

By Marla G. Roshkoff and Edward I. Leeds Following up on guidance issued last month, the Department of Health and Human Services has proposed two new sets of regulations and the Department of the Treasury has proposed one on the state-based health insurance marketplaces known as Affordable Insurance...

Virginia Challenge To Health Care Reform Act Derailed By 4th Circuit

RICHMOND, Va. - (Mealey's) A Fourth Circuit U.S. Court of Appeals panel on Sept. 8 reversed a lower court ruling holding that the individual mandate provision contained in the Patient Protection and Affordable Care Act (PPACA) was unconstitutional, finding that the State of Virginia lacked standing...

States Challenging Health Care Act Petition High Court For Expedited Review

WASHINGTON, D.C. - (Mealey's) States challenging the Patient Protection and Affordable Care Act (PPACA) filed a petition on Sept. 28 for writ of certiorari with the U.S. Supreme Court, saying an 11th Circuit U.S. Court of Appeals decision affirming that the individual mandate contained in the act...

Federal Government Petitions Supreme Court, Files Response In Health Care Act Cases

WASHINGTON, D.C. -- The federal government on Sept. 28 filed a petition for writ of certiorari with the U.S. Supreme Court, saying the 11th Circuit U.S. Court of Appeals erred in affirming that the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is unconstitutional...

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...

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...

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...

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...

State Net Capitol Journal: Can California Rescue the Affordable Care Act?

While national candidates wage a war of words and half-truths on health issues, a handful of states, led by California, are charging ahead to implement the key feature of the Affordable Care Act (ACA), widely viewed as the signal achievement of Barack Obama's presidency. The feature is an on-line...

ACLJ Files Second Lawsuit Asking Federal Court to Block HHS Mandate for Illinois Company

WASHINGTON, D.C. -- The American Center for Law and Justice (ACLJ), a pro-life legal organization that focuses on constitutional law, has filed a second federal lawsuit challenging the Department of Health and Human Services (HHS) mandate that violates the religious beliefs of Illinois business owners...

State Net Capitol Journal: Substantial Progress on Affordable Care Act Health Plan Benchmarks

The Affordable Care Act requires states to provide a minimum package of services called "essential health benefits" (EHBs), and the Department of Health and Human Services is allowing each state to model its EHB plan after an existing small group health insurance plan, state employee health...

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...

State Net Capitol Journal: Health Care Reform Law Doesn't Halt Major Rate Hikes

One of the main objectives of the Affordable Care Act was to stem the rising cost of health insurance for American consumers. But that hasn't stopped health insurance companies from seeking and obtaining big premium increases across the country. In Florida and Ohio, insurers have secured rate increases...

State Net Capitol Journal: States Have Key Role In Making Affordable Care Act Work

By Lou Cannon , State Net Capitol Journal Winston Churchill famously described a crucial British military victory in North Africa during World War II as "not the end...not even the beginning of the end" but "perhaps, the end of the beginning." For the Affordable Care Act (ACA...

State Net Capitol Journal: ACA Could Cost Businesses in Non-Expansion States $1.3 Billion Per Year

The Affordable Care Act requires companies with more than 25 employees to pay a "shared responsibility" fine of $3,000 for each worker who isn't eligible for Medicaid and who receives a federal tax subsidy because their employer doesn't offer them health insurance. The provision was...

State Net Capitol Journal: State and Federal Governments Struggle Over Health Care

By Lou Cannon The Affordable Care Act, the Obama administration's vaunted plan for overhauling the nation's health care system, will cost more, insure fewer people and probably take longer to implement than originally planned. States and the federal government are struggling to meet...

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...

Foley & Lardner LLP: SEC's MCDC Initiative - The Clock is Ticking

By David Y. Bannard Not-for-profit health care providers that have borrowed on a tax-exempt basis within the last five years should be aware of the Securities and Exchange Commission’s (SEC) Municipalities Continuing Disclosure Cooperation (“MCDC”) Initiative. The MCDC Initiative...

Norton Rose Fulbright: Physicians Payments Sunshine Act Data 33 Percent Unpublishable, Penalties Next?

By Benjamin Koplin , Selina Coleman and R. Jeffrey Layne Despite extending the dispute-and-resolution deadline to account for the days that the Centers for Medicare & Medicaid Services (CMS) pulled down the reporting system, the public Physician Payments Sunshine Act website is still expected...