In its highly anticipated decision in National Federation of Independent Business et al. v. Sebelius, the U.S. Supreme Court ruled this morning that the “individual mandate” set forth in the Patient Protection and Affordable Care Act is constitutional. As a result, almost every individual in the United States must either obtain health coverage—through an employer, … Continue Reading »
Although the pace of new legislation affecting health and other welfare benefits has slowed after the first two years of the Obama Administration, plan sponsors will find no shortage of developments to monitor and implement in 2012. This alert provides a very brief review of recent developments and matters to watch in the new calendar … Continue Reading »
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 Care Act (the 2010 health care reform legislation) … Continue Reading »
In Thomas More Law Center v. Obama, a deeply divided panel of the U.S. Court of Appeals for the Sixth Circuit has upheld the individual mandate provision of the Patient Protection and Affordable Care Act (the new health care reform law) against a challenge that the mandate is unconstitutional on its face. Each of the … Continue Reading »
In a widely reported decision, a federal district judge in Florida has declared the health care reform law enacted last year to be unconstitutional. The decision, issued January 31, 2011, holds that Congress exceeded its authority under the Commerce Clause of the U.S. Constitution by enacting a mandate that requires individuals to purchase a minimum … Continue Reading »
A federal district court in Virginia has ruled that a key provision of the national health care reform legislation is unconstitutional. The court’s ruling strikes down the Minimum Essential Coverage Provision, also known as the “individual coverage mandate,” scheduled to take effect in 2014. This provision requires individuals to purchase a minimum level of health … Continue Reading »
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