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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...

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...

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...

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...

State Net Capitol Journal: Obama Election Win Leaves GOP Governors Scrambling on Affordable Care Act

For most of the last year, a handful of Republican governors have refused to take action on implementing the Affordable Care Act, preferring instead to bank on the Supreme Court or the November presidential election to send the law to the legislative junk heap. But with all such options now exhausted...

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...

Williams Mullen: Preparing for the Unexpected: The Affordable Care Act’s Whistleblower Provision

By Mary Pivec and Igor M. Babichenko On February 27, 2013, the Occupational Safety and Health Administration published its interim final rule setting forth the procedures for handling complaints brought under the whistleblower provision of the Affordable Care Act (“ACA”). This whistleblower...

State Net Capitol Journal: Ohio Gov. Kasich Still Pushing Medicaid Expansion

The Ohio Legislature has been out on its summer recess for almost two weeks, but Gov. John Kasich (R) has not given up hope lawmakers will return to Columbus sooner than later to green light his call to expand the Buckeye State's Medicaid rolls. At a pro-expansion rally last week, Kasich reiterated...

State Net Capitol Journal: Changes Challenge ACA Implementation

By Rich Ehisen Faced with growing complaints from employers over the complexity of implementing the Affordable Care Act by next January, the Obama administration on July 2 announced it would postpone for one year enforcement of a provision of the law that requires large employers, those with 50 or...

State Net Capitol Journal: Ohio Gov. Kasich Still Pushing Medicaid Expansion

The Ohio Legislature has been out on its summer recess for almost two weeks, but Gov. John Kasich (R) has not given up hope lawmakers will return to Columbus sooner than later to green light his call to expand the Buckeye State's Medicaid rolls. At a pro-expansion rally last week, Kasich reiterated...

State Net Capitol Journal: Changes Challenge ACA Implementation

By Rich Ehisen Faced with growing complaints from employers over the complexity of implementing the Affordable Care Act by next January, the Obama administration on July 2 announced it would postpone for one year enforcement of a provision of the law that requires large employers, those with 50 or...

Williams Mullen: 3 Health Care Questions For Construction Industry Employers

By Brydon M. DeWitt: The Obama administration’s one-year delay in the employer health insurance mandate was welcome relief for many employers. But, time is still running short. Employers need to plan for compliance now. Beginning January 1, 2015, employers that do not offer adequate health...

Vote Funds Government Without Demands To Change Health Care Act Being Met

WASHINGTON, D.C. — (Mealey’s) President Obama signed a bill early Oct. 17 to fund the government after the House and Senate reached an agreement Oct. 16 to end the partial government shutdown and to raise the debt ceiling without House Republicans’ demands for a one-year delay of the...

State Net Capitol Journal: Health Exchange Enrollments Lag In First Month

Only three states — Connecticut, Rhode Island and New York — reached their enrollment targets in the first month of open enrollment in the health insurance exchanges created under the Affordable Care Act. All three states, which run their own exchanges, actually exceeded their targets, with...

State Net Capitol Journal: Alaska Gov. Parnell Rejects Medicaid Expansion

Calling the ongoing rollout of the Affordable Care Act "a failed experiment," Alaska Gov. Sean Parnell (R) announced The Last Frontier State will not expand Medicaid eligibility in line with the law. "I believe a costly Medicaid expansion especially on top of the broken Obamacare system...

State Net Capitol Journal: States Laboratories Of Health Care Finance

Under a program created by the Affordable Care Act called the State Innovation Models Initiative, six states — Arkansas, Maine, Massachusetts, Minnesota, Oregon and Vermont — began testing new health care financing models this year. Colorado, New York, and Washington will be next up to try...

State Net Capitol Journal: States Offer A Tightly Stretched Lifeline For Obamacare

By Lou Cannon | Obamacare is clinging to existence. After the bungled rollout of the federal health care website and President Obama's contrite admission that he misled millions of Americans into believing they could keep their insurance policies, opponents of Obamacare now have hopes of undoing...

State Net Capitol Journal: The Obamacare Pitfall: Health Care Issues Dominate State Politics

By Lou Cannon Obamacare remains an untidy work in progress in the states, which are struggling with Medicaid expansion, website problems, and insurance issues in an election year in which health care policy issues are overshadowed by partisan politics. Tim Storey, a political analyst with the National...

State Net Capitol Journal: A Tale of 2 Obamacares

The starkly contrasting ways in which Democrat- and Republican-led states have generally responded to the Affordable Care Act is creating two separate health care systems, according to a report released last week by the Obama administration. Democrat-leaning Kentucky, which has warmly embraced the ACA...

The Hobby Lobby Primer: How A Craft Store Changed The Legal Landscape

Now that the United States Supreme Court has issued its decision in Burwell v. Hobby Lobby Stores, Inc. , 2014 U.S. LEXIS 4505 (U.S. June 30, 2014) , many are left with questions on the breadth of the decision and what it means going forwards. Below is a brief primer . [lexis.com subscribers may access...

11th Circuit Cites Hobby Lobby, Enjoins Mandate During Appeal

MONTGOMERY, Ala. — (Mealey’s) A Catholic media outlet is entitled to an injunction while it appeals rejection of its Patient Protection and Affordable Care Act (ACA)’s contraceptive mandate challenge in light of Burwell v. Hobby Lobby (Nos. 13-354, 13-356, U.S. Sup. [lexis.com subscribers...

State Net Capitol Journal: States Leave Partisan Fold On Health Care And The Minimum Wage

By Lou Cannon As the nation's capital resumes its customary political gridlock, both political parties are turning to the states to advance national agendas. In the process of doing so, however, they are finding that they are far from united within their own ranks. Republicans in Washington want...

Barnes & Thornburg LLP: Recent Rulings May Spell Trouble for the ACA

By Anne Compton-Brown | President Obama’s signature healthcare legislation will likely force two more significant legal hurdles after decisions this month that attack peripheral but important portions of the Affordable Care Act (ACA). On Sept. 17, 2015, the United States Court of Appeals...