PPACA: A Pandora's Box For The Health Care Industry

more+
less-

Originally published in Law 360 on March 23, 2012

Law360, New York (March 23, 2012, 1:12 PM ET) -- By the end of March 2012, the United States Supreme Court will have heard three rounds of oral argument on the constitutional challenges to the Patient Protection and Affordable Care Act (PPACA). The issues before the court are:

• The constitutionality of the individual mandate, which requires the vast majority of those not yet eligible for Medicare to purchase insurance or pay a tax penalty.

• If the individual mandate is found to be unconstitutional, whether other provisions of PPACA are also struck down.

• Whether the individual mandate challenge should be decided prior to the imposition of the penalty on a noncomplying individual. Under the Anti-Injunction Act, lawsuits to enjoin the imposition of a tax are prohibited. In prior cases, the Supreme Court held that the Anti-Injunction Act applies to tax penalties as well as taxes.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Civil Procedure Updates, Constitutional Law Updates, Health Updates, Insurance Updates, Tax Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sedgwick LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »