US Supreme Court Receives Health Reform Challenge
In the race to the top, the 6th Circuit decision upholding the constitutionality of the Patient Protection and Affordable Care Act ("PPACA") is the first to come before the United States Supreme Court. In response to the 6th Circuit's adverse ruling against it (discussed here), the Thomas More Law Center, et. al., recently petitioned the Supreme Court for review.
The Petition specifically presents two questions for consideration by the Supreme Court:
- Does Congress have authority under the Commerce Clause to require private citizens to purchase and maintain “minimum essential” healthcare insurance coverage under penalty of federal law?
- Is the individual mandate provision of the Act unconstitutional as applied to Petitioners who are without healthcare insurance?
In light of the conflicting rulings related to PPACA that have been issued by lower courts, it is likely that the Supreme Court will accept the case for review. Until that happens and until the Supreme Court issues a decision, please understand that PPACA remains the law.
For assistance in preparing for the upcoming deadlines that may affect your business, please contact one of the health law attorneys at Foster Swift.
Related Blog Posts
First Appellate Holding: PPACA Is Constitutional
Categories: Health Care Reform, Insurance
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.