Score Tied: Health Reform - 1, Opponents - 1
The 11th Circuit Court of Appeals recently issued a decision declaring that the "individual mandate" provisions of the Patient Protection and Affordable Care Act ("PPACA") are unconstitutional. This decision directly conflicts with the decision issued by the 6th Circuit Court of Appeals earlier this summer.
In a split decision (2 judges to 1), the 11th Circuit declared that portions of PPACA were constitutional, but that they could be severed from the remainder of the statute, specifically the individual mandate provisions.
In essence, the individual mandate provisions fine individuals for failing to purchase health insurance. Accordingly, the court found that since the individual mandate constituted a regulatory penalty, it could not be sustained under the power afforded to Congress under the Taxing and Spending Clause of the US Constitution. Neither was it an appropriate exercise of Congressional power under the Commerce Clause.
Since the 11th Circuit's decision on the constitutionality of PPACA is squarely at odds with the 6th Circuit's decision, it is almost assured that the US Supreme Court will agree to hear the case in order to resolve the Circuit split. Until that time, health providers must prepare for the upcoming PPACA deadlines that are applicable. To learn more, please contact one of our experienced health care lawyers.
Categories: Health Care Reform, Hospitals, Insurance, Physicians
With a business-minded approach, and service-oriented delivery, Mindi helps clients navigate challenges and solve problems in the areas of employee benefits law and health care law. Mindi has spoken and written extensively on employee benefits, health care reform, and health care law topics, and is actively involved in a number of legal, professional and industry organizations focused on these issues.
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Best Lawyers® 2021
Congratulations to the attorneys of the Health Care practice group at Foster Swift Collins & Smith, PC for their inclusion in the Best Lawyers in America 2021 edition. Firm-wide, 44 lawyers were listed. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation and as lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Health Care practice group members listed in Best Lawyers are as follows:
- Jennifer B. Van Regenmorter, Holland
To see the full list of Foster Swift attorneys listed in Best Lawyers 2021, click here.