Virginia's Attack on Health Care Reform Individual Mandate in PPACA Heard by Fourth Circuit

RICHMOND, Va. - (Mealey's) The federal government argued before a panel of the Fourth Circuit U.S. Court of Appeals on May 10 that a district court judge erred in finding that the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is unconstitutional, while the...

Health Care Reform Scores a Victory: Patient Protection and Affordable Care Act’s Individual Mandate Upheld by Sixth Circuit

CINCINNATI -- (Mealey's) The individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is a valid exercise of Congress' power under the commerce clause of the U.S. Constitution, a Sixth Circuit U.S. Court of Appeals panel held June 29, ( Thomas More Law Center, et...

Legal News Podcast: 9th Circuit-No Standing to Challenge Obamacare; 11th Circuit-Healthcare Reform Individual Mandate Unconstitutional

The 11th Circuit finds the Patient Protection and Affordable Care Act's individual mandate to be unconstitutional in Fla. v. United States HHS , 2011 U.S. App. LEXIS 16806 (11th Cir. Fla. Aug. 12, 2011) , and, the 9th circuit affirms that plaintiffs lack standing to challenge the act in Baldwin v...

Guidance Provided on Summary of Benefits and Coverage

By Marla G. Roshkoff and Brian M. Pinheiro Continuing with the recent proliferation of guidance on health care reform, the U.S. Departments of the Treasury, Labor, and Health and Human Services have released proposed regulations and requested comments regarding the implementation of a new, simplified...

Purchasing Health Insurance Through an Exchange: Implications for Large Employers

By Vanessa A. Scott and Carol A. Weiser, Sutherland Asbill & Brennan LLP The Departments of Health and Human Services (HHS) and Treasury, respectively, have issued guidance on (1) the ability of individuals and small employers to purchase health insurance through an exchange, and (2) the premium...

Obamacare Loses a Round in Pennsylvania - Individual Mandate Violates Commerce Clause

HARRISBURG, Pa. -- A Pennsylvania federal judge on Sept. 13 held that the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is an unconstitutional extension of authority granted to the federal government under the U.S. Constitution's commerce clause ( Barbara...

LexisNexis® Legal News Podcast - Challenges to Obamacare (Patient Protection and Affordable Care Act) Rejected

The 4th Circuit finds Virginia lacked standing to challenge the Patient Protection and Affordable Care Act, Virginia ex rel. Cuccinelli v. Sebelius, 2011 U.S. App. LEXIS 18632 (4th Cir. Va. Sept. 8, 2011) , and, in a separate case, finds the Anti-Injunction Act strips a court of jurisdiction to hear...

Sutherland Legal Alert - New Rules for Summaries of Health Benefits and Coverage

By Carol Weiser and Vanessa Scott, Sutherland Asbill & Brennan LLP Proposed regulations on, and a proposed template for, the Summary of Benefits and Coverage (SBC) required by section 2715 of the Public Health Service Act (PHSA), as added by the Patient Protection and Affordable Care Act (PPACA...

LexisNexis® Legal News Podcast - Health Care Reform Takes a Hit - Court Rules Individual Mandate Violates Commerce Clause

A Pennsylvania federal judge finds the individual mandate in the Patient Protection and Affordable Care Act violates the Constitution, Goudy-Bachman v. United States HHS, 2011 U.S. Dist. LEXIS 102897 (M.D. Pa. Sept. 13, 2011) , and, a California federal judge certifies a wage-and-hour class suing a refinery...

LexisNexis® Legal News Podcast - Victory For Health Care Reform Is Appealed by Jerry Falwell's Liberty University To Supreme Court

Liberty University petitions the Supreme Court over dismissal of a health care reform case, and defendants in a Propofol infection case in Nevada are ordered to pay $162.5 million in punitive damages. Hear these and other stories from LexisNexis® Mealey's Publications. Copyright © 2011 LexisNexis...

The Third Burning of Washington: Uncivil Health Care Wars Continue

By Alvin D. Lurie Historical Headnote: Washington has been burned twice before - once 197 years ago literally, by the enemy from without, when the British burned the White House and the U.S. Capitol during the War of 1812; and once metaphorically, by the enemy from within, when the Confederacy broke...

Ballard Spahr Legal Alert: HHS Releases FAQs on Essential Health Benefits

By Edward I. Leeds and Clifford J. Schoner On February 17, 2012, the U.S. Department of Health and Human Services (HHS) released a set of FAQs concerning the Essential Health Benefits Bulletin it issued on December 16, 2011. The FAQs offer new guidance and raise new questions about the scope of what...

HHS Releases Final Rule and Interim Final Rules on Affordable Care Act's State Health Insurance Exchanges

On March 12, 2012, the U.S. Department of Health and Human Services (HHS) released the long-anticipated Final Rule and Interim Final Rules (the "Rules") on the Patient Protection and Affordable Care Act's (ACA) state health insurance exchanges ("Exchange(s)"), a key element of...

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...