Contributed by John Slotman.
On June 28, the Supreme Court issued its highly anticipated decision on the constitutionality of portions of the Affordable Care Act (Nat. Fed'n Indep. Business v. Sebelius, Florida v. Dept. of HHS; and Dept. of HHS v. Florida). The majority of the Court concluded the following on the key questions in the case:
1. The individual mandate is constitutional as an exercise of Congress' power under the Taxing Clause (although it could not be upheld based on the Commerce Clause and the Necessary and Proper Clause).
2. The expansion of Medicaid to additional populations is constitutional, but the federal government cannot withhold existing (non-expansion) Medicaid funds for non-compliance with the expansion requirements.
Roundtable discussion examines outcome
The Supreme Court’s ruling on the Affordable Care Act will have significant legal and business impact on the health care industry and beyond. Plans, providers, employers and businesses will need to quickly evaluate options for moving forward and will need to understand the federal and state policy questions resulting from the Court’s decision.
On July 11, our Washington, DC, office will host a breakfast discussion, Health Care at the Crossroads: The Path Forward from the Supreme Court Decision, to examine the full impact of the outcome with esteemed policy and business leaders led by Senator Tom Daschle, Governor Mike Castle and Mary Langowski, Chair of the DLA Piper Health Care Public Policy and Regulatory group. Visit this page to register for the event.