News & Analysis as of September 21, 2024

Healthcare Reform

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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 -

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

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

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

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

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

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