News & Analysis as of September 18, 2024

Individual Mandate › Severability Doctrine

+ Follow

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 -

Three Strikes You’re Out -- The Affordable Care Act Survives a Third Legal Challenge: Let’s Move On to the Consolidated...

Snell & Wilmer on 6/23/2021

For employers holding out hope that some or all of the Affordable Care Act (“ACA”) would be overturned in its most recent challenge, that will not be the case, at least not by the hand of the United States Supreme Court. On...more

The Affordable Care Act Survives Another (and Perhaps Final?) Constitutional Challenge

Ruder Ware on 6/18/2021

The U.S. Supreme Court declined to strike down the Affordable Care Act once again today, the third unsuccessful constitutional challenge to the far-reaching health care law since it was enacted in 2010. This time, the...more

Healthcare, Biologics, and Severability: Will the ACA—and the BPCIA—Survive the Latest Challenge?

Morrison & Foerster LLP - Federal Circuitry on 11/18/2020

The Biologics Price Competition and Innovation Act of 2009 (“BPCIA”) is looking alive and well after last week’s Supreme Court oral argument on the Affordable Care Act (“ACA”). If you didn’t realize the BPCIA was at issue...more

Is the ACA’s Viability at Risk? Thoughts in Anticipation of the California v. Texas Supreme Court Argument

Morgan Lewis on 11/9/2020

As the nation has turned its attention to fighting a global pandemic and the very real, human cost associated with that fight, the decade-old battle over the Affordable Care Act (ACA) is once again in the limelight. On...more

SCOTUS Wrapup and Preview 2020

Akin Gump Strauss Hauer & Feld LLP on 9/25/2020

In this episode, recorded on Sept. 14, Akin Gump Supreme Court and appellate practice co-head Pratik Shah returns to review the 2019 Supreme Court Term and preview the big cases and topics in the October 2020 Term. Among...more

Will The ACA Case Now Before The Supreme Court Make It Harder For ERISA Fiduciary Breach Plaintiffs To Establish Standing?

Seyfarth Shaw LLP on 4/1/2020

On March 2, 2020, the United States Supreme Court granted certiorari in California v. Texas, No. 19-840, which appeals the decision of the Court of Appeals for the Fifth Circuit that struck down the individual mandate to the...more

Supreme Court Will Hear Latest ACA Challenge

Kilpatrick on 3/4/2020

The Supreme Court announced yesterday that it would grant certiorari with respect to two petitions relating to a challenge to the constitutionality of the Affordable Care Act....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

Fifth Circuit Rules ACA Individual Mandate Unconstitutional

King & Spalding on 12/30/2019

On December 18, 2019, the Court of Appeals for the Fifth Circuit ruled that the Patient Protection and Affordable Care Act (ACA) individual mandate is unconstitutional but remanded to the district court to assess whether the...more

Update to Texas v. United States: Fifth Circuit Strikes Individual Mandate, Remands on Severability

Sheppard Mullin Richter & Hampton LLP on 12/24/2019

On December 18th, 2019, the Fifth Circuit Court of Appeals released a long-awaited decision on a significant challenge to the Affordable Care Act (“ACA”), affirming a lower-court ruling that we discussed in a previous post....more

Do We Still (Obama-)Care About the Individual Mandate?— Fifth Circuit Holds the Mandate to Be Unconstitutional but Remands for...

Dechert LLP on 12/24/2019

The Patient Protection and Affordable Care Act, often referred to as Obamacare (the “ACA”) has survived two trips to the U.S. Supreme Court. It remains to be seen whether there will be a third. ...more

Fifth Circuit Issues ACA Ruling, But Severability Question Remains

McDermott Will & Emery on 12/23/2019

A decision in Texas v. United States was issued by a divided three-judge panel of the US Court of Appeals for the Fifth Circuit on December 18, 2019. This case presented once again the question whether the Affordable Care Act...more

Individual Mandate Ruled Unconstitutional

White and Williams LLP on 12/20/2019

On Wednesday, December 18, the Fifth Circuit of the U.S. Court of Appeals issued a ruling in Texas v. United States, which determined that the individual health insurance mandate implemented by the Affordable Care Act (ACA)...more

JUST IN: Fifth Circuit Court of Appeals Reaches Decision on Latest Case Involving Constitutionality of ACA

Sheppard Mullin Richter & Hampton LLP on 12/19/2019

December 18, 2019, the United States Court of Appeals for the Fifth Circuit reached its widely anticipated decision in Texas vs. Azar, ruling that the Affordable Care Act’s (ACA) individual mandate is unconstitutional as a...more

ACA Strike-Down: Salvaging the BPCIA via Severability

Foley & Lardner LLP on 1/3/2019

Justice Reed O’Connor’s recent decision, Texas et al. v. U.S. et al., No. 4:18-cv-00167-O (E.D. Tex. Dec. 14, 2018), to strike down the entire Patient Protection and Affordable Care Act, 42 U.S.C. § 18001 et seq. (2010) (the...more

NEWSFLASH: Texas v. United States

Dechert LLP on 12/21/2018

The Patient Protection and Affordable Care Act (the “ACA”) has survived two trips to the U.S. Supreme Court. It now appears as though a third is likely....more

Texas v. United States: Texas Federal Court “Strikes Down” the ACA

Sheppard Mullin Richter & Hampton LLP on 12/20/2018

On Friday, December 14, 2018, a federal district court judge in Texas issued a widely anticipated opinion that struck down the entire Patient Protection and Affordable Care Act (“ACA”) as unconstitutional. The judge ruled in...more

Is the Affordable Care Act a House of Cards? If Yes, What Does the Recent Texas Court Decision Mean for the US Health Insurance...

Epstein Becker & Green on 12/19/2018

In an unexpectedly broad ruling issued December 14, 2018, the U.S. District Court for the Northern District of Texas declared the Affordable Care Act (“ACA”) as unconstitutional in its entirety. This decision, if ultimately...more

19 Results

View per page

Page: of 1

Individual Mandate › Severability Doctrine

"My best business intelligence, in one easy email…"