News & Analysis as of September 18, 2024

Health Insurance

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The term "Individual Mandate" typically refers to a requirement under the Patient Protection and Affordable Care Act of 2010 that all United States residents must obtain "minimum essential... more +

The term "Individual Mandate" typically refers to a requirement under the Patient Protection and Affordable Care Act of 2010 that all United States residents must obtain "minimum essential healthcare coverage" unless they qualify for one of eight exemptions under the Act. The Act defines "minimum essential coverage" and levies penalties against individuals who fail to comply with the mandate. less -

Affordable Care Act Battle Rages On: Fourth Circuit Holds Individual Mandate Is a Tax in Bankruptcy

Rosenberg Martin Greenberg LLP on 1/25/2023

As originally enacted, the Affordable Care Act (“ACA”) required most people to maintain health insurance. Those who did not maintain the required insurance were obligated to pay a “shared responsibility payment” (“SRP”),...more

The Courts and Healthcare Policy - July 2021

McGuireWoods Consulting on 7/2/2021

2020 saw the courts continuing to play an important role in health policy with several notable lawsuits related to the Affordable Care Act (ACA). Several other Trump administration policies were challenged, including Medicare...more

U.S. Supreme Court Strikes Down 3rd Challenge to PP and ACA

Bond Schoeneck & King PLLC on 6/28/2021

On June 17, 2021, the Supreme Court of the United States struck down a lawsuit challenging the constitutionality of the Patient Protection and Affordable Care Act (ACA) for the third time. The ACA is a comprehensive...more

The Supreme Court - June 17, 2021

Dorsey & Whitney LLP on 6/18/2021

California v. Texas, Nos. 19-840, 19-1019: The Affordable Care Act’s individual mandate, as it is commonly known, requires individuals to maintain a minimum level of health insurance coverage. As originally passed, the Act...more

What a Supreme Court Vacancy Could Mean for the ACA

Manatt, Phelps & Phillips, LLP on 10/27/2020

On November 10, the Supreme Court is scheduled to hear oral arguments in California v. Texas—formerly referred to as Texas v. United States—a case challenging the constitutionality of the Affordable Care Act (ACA). The...more

Supreme Court Agrees to Hear Additional Challenge to the Affordable Care Act

White and Williams LLP on 8/31/2020

On Wednesday, August 19, the United States Supreme Court (the Court) agreed to hear a challenge to the constitutionality of the portion of the Affordable Care Act (ACA) that requires individuals to obtain qualifying health...more

ACA Attacked By Left and Right; New Jersey’s Response

Genova Burns LLC on 7/27/2020

After the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision last December, declared the Affordable Care Act’s (ACA’s) individual health insurance mandate unconstitutional as a result of Congress’ elimination of...more

The Return to the Supreme Court

Groom Law Group, Chartered on 6/5/2020

Regular readers of this Benefits Brief will recall that there is a case challenging the constitutionality of the Patient Protection and Affordable Care Act (ACA) percolating through the courts. ...more

A Review of the Affordable Care Act at 10 Years, Part 1: The Individual Mandate

Mintz - Health Care Viewpoints on 4/8/2020

This post is the first installment in our blog series looking back on the 10-year anniversary of the Affordable Care Act (ACA). The most controversial of the ACA's reforms has been the individual mandate, which requires that...more

U.S. Supreme Court Agrees to Hear Appeal on ACA’s Constitutionality

King & Spalding on 3/6/2020

On March 2, 2020, the Supreme Court of the United States granted certiorari to hear appeals in two cases concerning the constitutionality of the Affordable Care Act (ACA): California, et al. v. Texas, et al., Case No. 19-840...more

Supreme Court Takes Up 5th Circuit Challenge to Affordable Care Act

Seyfarth Shaw LLP on 3/4/2020

On Monday, March 2, 2020, the United States Supreme Court granted certiorari in the consolidated cases of Texas v. California and California v. Texas, both of which address the Fifth Circuit’s decision to strike down the...more

Uncertain Fate of Affordable Care Act and 2017 Rules Creating New Exemptions to ACA’s Contraception Coverage Requirements; New...

Genova Burns LLC on 1/22/2020

On December 18, 2019 the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision which the court revised on January 9, declared the Affordable Care Act’s (ACA’s) individual health insurance mandate unconstitutional as...more

Texas, et. al., v. U.S. – The Fifth Circuit Rules

Groom Law Group, Chartered on 1/10/2020

As you may recall, in late September, we expected a decision from the Fifth Circuit in Texas v. United States—the case challenging the constitutionality of the Patient Protection and Affordable Care Act (ACA)—in the fall of...more

Coalition of States Petitions for Supreme Court Review of Affordable Care Act Ruling

King & Spalding on 1/9/2020

On January 3, 2020, a coalition of 20 states and the District of Columbia, led by California Attorney General Xavier Becerra, petitioned the U.S. Supreme Court for a writ of certiorari to review the recent Affordable Care Act...more

WPI Insider Briefing: What Happened to Health Care Reform and Where is the Department of Labor Headed?

Littler on 4/10/2017

Republicans hoped to mark the seventh anniversary of the Affordable Care Act's (ACA) enactment by passing legislation in the U.S. House of Representatives to dismantle it. Instead, facing the failure of a bill on the House...more

Is PPACA on the Road to Recovery?

Womble Bond Dickinson on 8/4/2015

Part I: Is PPACA on the Road to Recovery? The recent decision in King v. Burwell by the Supreme Court of the United States sent a strong message to critics of the Patient Protection and Affordable Care Act of 2010...more

King v. Burwell Aftermath: Where Does the Health Care Industry Go From Here?

Locke Lord LLP on 7/15/2015

What was at stake in King v. Burwell? DH: Perhaps more than initially meets the eye. If the U.S. Supreme Court had sided with the King v. Burwell plaintiffs, federal tax subsidies to reduce the cost of insurance premiums...more

Business As Usual: Supreme Court Upholds ACA Subsidies

Stinson - Benefits Notes Blog on 7/6/2015

The United States Supreme Court recently held in King v. Burwell that the Affordable Care Act (ACA) permits individuals to receive health insurance premium subsidies through federally-facilitated exchanges (in addition to...more

U.S. Supreme Court Upholds Premium Subsidies on Federally Run Health Insurance Exchanges

Pillsbury Winthrop Shaw Pittman LLP on 7/6/2015

On June 25, 2015, in a 6-3 majority opinion, the U.S. Supreme Court confirmed the availability of premium subsidies for health coverage purchased on Affordable Care Act (ACA) health insurance exchanges, regardless of whether...more

King v. Burwell: The More You Try To Challenge Things, The More They Stay The Same

Seyfarth Shaw LLP on 7/2/2015

In the aftermath of the Supreme Court’s decision supporting the payment of subsidies by the federal government to eligible persons seeking insurance through the federal health insurance exchanges ("Exchanges") under the...more

King v. Burwell: An Answer Arrives

Akerman LLP - Health Law Rx on 7/1/2015

Thursday’s Supreme Court decision in the King v. Burwell case can be seen as a major victory for the Obama Administration, resolving, at least for the time being, the continued implementation of the Affordable Care Act by...more

Executive Labor Summary - June / July 2015

Constangy, Brooks, Smith & Prophete, LLP on 6/30/2015

What are the labor implications of Supreme Court’s decision in King v. Burwell? - On June 25, the U.S. Supreme Court upheld the Affordable Care Act (also known as “Obamacare”) in a 6-3 decision written by Chief...more

Did You Know…SCOTUS Saves the Affordable Care Act (Again)

Nossaman LLP on 6/29/2015

The U.S. Supreme Court handed down its much-anticipated King v. Burwell decision on June 25, and (again) gave the Obama administration a huge victory by safeguarding its signature legislation, the Affordable Care Act (“ACA”)....more

Trenchant Analysis or Jiggery-Pokery? U.S. Supreme Court Upholds Affordable Care Act

Eversheds Sutherland (US) LLP on 6/29/2015

In a 6-3 decision on June 25, 2015 in King v. Burwell, the U.S. Supreme Court held that tax credits are available under the Patient Protection and Affordable Care Act (Affordable Care Act or PPACA) to all eligible Americans,...more

Supreme Court Upholds ACA Subsidies

McGuireWoods LLP on 6/29/2015

The U.S. Supreme Court has issued its King v. Burwell (pdf) decision regarding the validity of premium assistance issued by federally run insurance marketplaces....more

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