Health Care Reform

Updates

protected content HHS Releases Bulletin on Verification of Access to Employer-Sponsored Coverage

The Department of Health and Human Services on April 26 issued a bulletin asking for input on both an interim and a long-term strategy for purposes of verifying an employee’s access to a subsidy for coverage in an Exchange. The verification process laid out in this Bulletin intertwines with the two reporting notices issued by the IRS. … More

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IRS Requests Comments on Options for Determining “Minimum Value” of Health Coverage and Reporting Requirements

The Internal Revenue Service on April 26 released proposed preliminary guidance (Notice 2012-31) describing and requesting comments on… More

protected content CMS Bulletin Addresses Applicability of Medical Loss Ratio Rules to Types of Plans

An April 20 bulletin by the Centers for Medicare and Medicaid Services addressing frequently asked questions regarding the Medical Loss Ratio regulation confirms that self-insured plans are not subject to the MLR reporting and rebate requirements.… More

protected content IRS FAQ Addresses Tax Treatment of Medical Loss Ratio Rebates

The Internal Revenue Service recently issued an update addressing the federal tax consequences to a health insurance issuer that pays a… More

protected content IRS Release Proposed Regulation on ACA Comparative Effectiveness Fee

The Internal Revenue Service on April 12 released proposed regulations to implement and provide guidance on the fees imposed by the… More

See All Updates

Policy Briefs

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Covington & Burling Article Examines “Shared Interests” of Employers and States in Designing Health Insurance Exchanges

With permission from The Bureau of National Affairs, we are sharing an article written by Covington & Burling’s Scott Macey and Kendra Roberson published in BNA’s Health Care Policy Report entitled: “Employers and Health Insurance Exchanges Have Shared Interests: Employers Should Care About Exchanges, States Should Care About Whether Employers Care.”… More

More Policy Briefs

Letters to Agencies

ERIC Proposes “Safe Harbor” Approach for Determining Essential Health Benefits for Purposes of Annual and Lifetime Limits

Washington, D.C. – The ERISA Industry Committee (ERIC) on February 29 wrote to the Department of Health and Human Services (HHS) urging the agency to permit employers with group health plans to continue to apply a “good faith” interpretation of essential health benefits and adopt a “safe harbor” for purposes of implementing the prohibition on dollar limits on essential health benefits under the Affordable Care Act (ACA).… More

protected content ERIC Urges Simplified Process in Administering and Determining Exchange Eligibility

ERIC on October 31 submitted two comment letters on proposed regulations under the Patient Protection and Affordable Care Act… More

ERIC Urges Proposals to Make Benefit Summaries Relevant to Self-Insured Plans

ERIC News Release For Immediate Release:  October 21, 2011 Washington, D.C. – The ERISA Industry Committee (ERIC) today submitted… More

ERIC to Feds: Do Not Impose Unnecessary Costs and Hassle on Employers to Fund Comparative Effectiveness Research

ERIC News Release For Immediate Release: September 6, 2011 Washington, D.C. -- The ERISA Industry Committee (ERIC) today urged the… More

ERIC Cautions Regulators to Avoid Burdensome Claims and Appeals Requirements

Washington, D.C. -- The ERISA Industry Committee (ERIC) today submitted comments on the amendment to the interim final regulations… More

ERIC Urges IRS Not to Impose Undue Burdens on Group Health Plan W-2 Reporting Requirements

ERIC News Release For Immediate Release: July 15, 2011 Washington, D.C. -- The ERISA Industry Committee (ERIC) in comments submitted today… More

ERIC to Regulators: Ensure that Shared Responsibility Provisions Do Not Unfairly Penalize Employers

ERIC on June 17 submitted to the Treasury Department and IRS separate letters offering detailed recommendations on how to apply and… More

ERIC to Treasury: Improve the Regulatory Process for Qualified Plans, Group Health Benefits, and Executive Compensation

ERIC on April 29 submitted comments to the Department of Treasury in response to a Request for Information (RFI) as part of President… More

ERIC to the Feds:  Employers Need Additional Guidance on Retiree-Only Plans

Washington, D.C. -- The ERISA Industry Committee (ERIC) on April 6 urged the Departments of Labor, Treasury, and Health and Human Services… More

ERIC Submits Recommendations to DOL on Ways to Reduce the Regulatory Burden

ERIC on April 8 submitted comments to the Department of Labor (DOL) in response to a Request for Information (RFI) on ways the Department… More

ERIC Urges Regulators to Support Policies that Encourage Workplace Wellness Programs

ERIC News Release For Immediate Release: February 24, 2011 Washington, D.C. -- Gretchen Young, Senior Vice President for Health Policy at… More

More Letters to Agencies

Legislative Documents

protected content House Approves IPAB Repeal with Medical Malpractice Provision

The full House on March 22 approved on a mostly party-line vote of 223-181 legislation (H.R. 5) to repeal the Independent Payment Advisory… More

protected content House Committees Approve Legislation to Repeal Medicare Independent Payment Board

The House is taking aim at repealing another section of the Affordable Care Act (ACA), as two committees recently approved legislation to… More

protected content House Approves Legislation to Repeal the CLASS Act

The House on February 1 approved legislation (H.R. 1173) to repeal a portion of the Affordable Care Act (ACA) dealing with long-term care --… More

protected content Legislation to Repeal CLASS Act Cleared for Full House Consideration

The House Ways and Means Committee on January 18 approved on a mostly party-line vote legislation (H.R. 1173) to repeal the Community Living… More

protected content House Energy and Commerce Approves Legislation to Repeal CLASS Program

The House Energy and Commerce Committee on November 30 approved legislation (H.R. 1173) to repeal the Community Living Assistance Services… More

protected content Congressional Republicans Increase Efforts to Repeal CLASS Act Following Suspension

Following Health and Human Services Secretary Kathleen Sebelius October 14 announcement that the agency was suspending implementation of the… More

protected content President Obama Signs Health Coverage Tax Credit for Trade-Affected Workers

President Obama on October 21 signed in to law the Trade Adjustment Assistance Extension Act (HR 2832) that will increase the amount of the… More

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Legislation Introduced to Repeal Limits on Tax-Favored Health Savings for Over-the-Counter Drugs

Companion legislation introduced in both the House and Senate would repeal the provision in the Patient Protection and Affordable Care Act… More

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Senators Propose to Increase Medicare Eligibility Age, Increase Cost-Sharing

Senators Joe Lieberman (I-CT) and Tom Coburn (R-OK) recently released a Medicare-reform proposal that seeks to save $600 billion over 10… More

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FY 2011 Budget Agreement Eliminates Wyden “Free Choice” Vouchers in the ACA

President Obama on April 15 signed into law the fiscal year 2011 continuing budget resolution (H.R. 1473) to fund the federal government… More

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Obama Approves Repeal of Form 1099 Reporting Provision

President Obama on April 14 signed into law a repeal of the provision included in the ACA requiring businesses to file IRS Form 1099 for… More

Senate Approves Repeal of 1099 Reporting Provision, Clearing Way for President

The Senate on April 5 approved by a vote of 87-12 legislation (H.R. 4) to repeal the provision included in the Patient Protection and… More

Legislation Introduced to Repeal Form 1099 Requirements under PPACA

Senate Finance Committee Chairman Max Baucus (D-MT), along with Senate Majority Leader Harry Reid (D-NV), on January 25 introduced… More

More Legislative Documents

Regulatory Documents

protected content HHS Releases Bulletin on Verification of Access to Employer-Sponsored Coverage

The Department of Health and Human Services on April 26 issued a bulletin asking for input on both an interim and a long-term strategy for purposes of verifying an employee’s access to a subsidy for coverage in an Exchange. The verification process laid out in this Bulletin intertwines with the two reporting notices issued by the IRS. … More

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IRS Requests Comments on Options for Determining “Minimum Value” of Health Coverage and Reporting Requirements

The Internal Revenue Service on April 26 released proposed preliminary guidance (Notice 2012-31) describing and requesting comments on… More

protected content CMS Bulletin Addresses Applicability of Medical Loss Ratio Rules to Types of Plans

An April 20 bulletin by the Centers for Medicare and Medicaid Services addressing frequently asked questions regarding the Medical Loss Ratio regulation confirms that self-insured plans are not subject to the MLR reporting and rebate requirements.… More

protected content IRS FAQ Addresses Tax Treatment of Medical Loss Ratio Rebates

The Internal Revenue Service recently issued an update addressing the federal tax consequences to a health insurance issuer that pays a… More

protected content IRS Release Proposed Regulation on ACA Comparative Effectiveness Fee

The Internal Revenue Service on April 12 released proposed regulations to implement and provide guidance on the fees imposed by the… More

protected content Agencies Release FAQs on Implementation of Summary of Benefits and Coverage

The Departments of Labor, Treasury, and Health and Human Service on March 19 published a set of Frequently Asked Questions (FAQ) on the… More

Agencies Request Comments on Contraception Coverage by Religious Affiliates

The Departments of Health and Human Services, Labor, and the Treasury on March 16 released an advance notice of proposed rulemaking… More

protected content HHS Releases Final Rule on State-Based Health Insurance Exchanges

The Department of Health and Human Services (HHS) on March 12 released a final rule to implement and make operational the Affordable Health… More

protected content HHS Bulletin Describes Intended Approach to Actuarial Value Calculations

The Department of Health and Human Services (HHS) on February 24 released a Bulletin outlining the approach the agency would like to take to… More

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HHS Guidance Addresses How Essential Health Benefit Policy Would Affect Large Group Health Plans

HHS released in December preliminary guidance on the definition of "essential health benefits" (EHBs) under the Affordable Care Act. … More

protected content Agencies Release Final Rule on Health Plan Summary of Benefits and Coverage

The Departments of Health and Human Services, Labor and Treasury earlier today jointly released final regulations regarding the summary of… More

protected content HHS Allows Religious Employers One Extra Year to Comply with ACA Rule on Contraceptives

The Department of Health and Human Services on January 20 published a memo (available at: … More

protected content IRS Issues New Guidance on W-2 Reporting for Health Care

The Internal Revenue Service on January 3 released Notice 2012-9, which amends existing guidance on reporting the cost of health coverage on… More

protected content HHS Issues Preliminary Guidance on Essential Health Benefits

The Department of Health and Human Services (HHS) on December 16 released preliminary guidance on the definition of what constitutes… More

CMS Will No Longer Accept New ERRP Claims After December 31

The Centers for Medicare and Medicaid Services (CMS) on December 13 published in the Federal Register a notice announcing that it will no… More

protected content CMS Releases Guidance on Medical Loss Ratio Requirements

The Centers for Medicare and Medicaid Services (CMS) on December 7 published in the Federal Register a final rule that revises the… More

DOL Issues Proposed Rules Targeting Fraudulent Operation of MEWAs

The Department of Labor's Employee Benefits Security Administration on December 5 released two proposed rules under the Affordable Care… More

protected content Agencies Issue New Guidance on Uniform Benefit Summaries and Mental Health Parity

On November 17, the Big 3 (the Departments of Labor, Treasury, and Health and Human Services) issued their seventh set of Frequently Asked… More

protected content HHS Suspends Implementation of CLASS Act

Health and Human Services Secretary Kathleen Sebelius conceded the inevitable and on October 14 “suspended” implementation of… More

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CMS Exempts HRAs from Need to Seek Waivers on ACA Annual Limit Restrictions

According to new guidance from the Centers for Medicare and Medicaid Services (CMS), certain health reimbursement accounts (HRAs) will not… More

protected content Agencies Issue New ACA Rules on Uniform Benefit Summaries

The Departments of Treasury, Labor, and HHS on August 17 issued a proposed regulation and subregulatory guidance in furtherance of a… More

protected content New Regulations Affect Interaction Between Employers and Exchanges

The Departments of Treasury and Health and Human Services on August 12 released three proposed rules as part of a joint effort to coordinate… More

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Agencies Release Three Proposed PPACA Regulations on Exchange Standards, Health Premium Tax Credit, and Eligibility Determinations

The Departments of Treasury and Health and Human Services on August 12 released three proposed rules as part of a joint effort to coordinate… More

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HHS Adopts IOM Recommendations for Eight New Women’s Preventive Health Services

The Department of Health and Human Services yesterday (August 1) announced that it will adopt the recommendations contained in a report… More

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PPACA Claims and Appeals Regulation Amended

The Departments of Treasury, Labor, and Health and Human Services (HHS) on June 22 published an amendment to the interim final claims and… More

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CMS Announces Deadline for Waiver Requests from Restrictions on Coverage Limits

The Centers for Medicare and Medicaid Services (CMS) on June 17 issued new guidance announcing that after September 22, 2011, it will no… More

Treasury/IRS Request Comments on Implementation of Comparative Effectiveness Fee

The Department of Treasury and IRS recently released Notice 2011-35 concerning the implementation of the comparative effectiveness fee… More

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Treasury Requests Comments on Shared Responsibility Provisions of PPACA

The Treasury Department and Internal Revenue Service on May 3 released Notice 2011-36 requesting comments on issues relating to the shared… More

Tri-Agencies Issue New FAQ Part VI under PPACA Grandfather Rules

The tri-agencies (the Departments of Labor, Treasury, and HHS) in charge with implementing the bulk of the Patient Protection and Affordable… More

IRS Issues ACA W-2 Guidance on Reporting the Cost of Health Care Coverage

The IRS on March 29 issued guidance on how to report the cost of health coverage on an employee's W-2, based on the requirement added to… More

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Agencies Request Input on Regulatory Burden Issues

In response to President Obama's Executive Order 13563 instructing federal agencies to detail their methods for reviewing existing… More

CMS Releases Proposed Regulation on Accountable Care Organizations

The Centers for Medicare and Medicaid Services on March 31 released its long-awaited proposed rule on Accountable Care Organizations… More

More Regulatory Documents

Judicial Documents

protected content Supreme Court Completes Three Days of Oral Arguments over Affordable Care Act

The U.S. Supreme Court last week wrapped up three days of oral arguments examining the key question of whether central parts of the Affordable Care Act (ACA) are constitutional. Now comes the waiting game for the Court to make a final decision, expected in June before the end of the Court’s term.… More

Supreme Court Releases Audio Recordings of Oral Arguments of Constitutionality of ACA

The U.S. Supreme Court has released audio recordings and written transcripts of the three days of oral arguments on the… More

Briefs in Relation to U.S. Supreme Court Consideration of Constitutionality of PPACA

The U.S. Supreme Court is set to consider the constitutionality of the Patient Protection and Affordable Care Act, setting the stage for one… More

Briefing Schedule to Supreme Court on Challenges to ACA

With the U.S. Supreme Court scheduled to hear arguments March 26-28 on the challenges to the Patient Protection and Affordable Care Act… More

protected content Supreme Court Sets March Dates to Hear PPACA Arguments

The U.S. Supreme Court has scheduled the dates of March 26-28 to hear arguments on the challenges to the Patient Protection and Affordable… More

protected content DC Circuit Court Affirms Constitutionality of ACA

In its fifteen minutes of fame before the U.S. Supreme Court steps into the picture, the U.S. Court of Appeals for the District of Columbia… More

protected content 4th Circuit Dismisses ACA Suit

Yesterday, the 4th Circuit delivered yet another variant of a decision on the Affordable Care Act (ACA), albeit in a somewhat oblique… More

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Eleventh Circuit Court of Appeals Finds PPACA Individual Mandate Unconstitutional

A three-judge panel for the U.S. Court of Appeals for the Eleventh Circuit on August 12 in a 2-1 decision upheld a district court ruling… More

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Sixth Circuit Appeals Court Finds PPACA Constitutional

On June 29, the first Circuit Court to decide the constitutionality of the individual mandate provision of the Patient Protection and… More

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Supreme Court Turns Down Expedited Review of PPACA Constitutionality

The U.S. Supreme Court on April 25 announced that it would not grant expedited consideration of a Virginia district court case finding the… More

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PPACA Invalidated by Florida District Court

In a decision for the U.S. District Court for the Northern District of Florida, Judge Roger Vinson declared the individual mandate provision… More

More Judicial Documents

Government Reports

protected content IRS FAQ Addresses Tax Treatment of Medical Loss Ratio Rebates

The Internal Revenue Service recently issued an update addressing the federal tax consequences to a health insurance issuer that pays a… More

protected content President Obama Releases Fiscal-Year 2013 Budget Proposal

President Obama on February 13 unveiled a $3.8 trillion budget proposal for fiscal year 2013 that seeks to continue with the economic… More

GAO Study Finds ERRP Funding to be Exhausted by End of FY 2012

A Government Accountability Office report released October 31 by Senate Health, Education, Labor and Pensions Committee Ranking Member Mike… More

protected content HHS Suspends Implementation of CLASS Act

Health and Human Services Secretary Kathleen Sebelius conceded the inevitable and on October 14 “suspended” implementation of… More

protected content IOM Publishes Report on ACA Essential Health Benefits

The Institute of Medicine (IOM) on October 6 publicly unveiled its report on Essential Health Benefits under the Affordable Care Act… More

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CRS Reviews Potential Employer Penalties Under PPACA

A recent report by the Congressional Research Services describes the potential penalties beginning in 2014 to employers under the Patient… More

More Government Reports

Additional Resources

protected content Covington & Burling Summarizes Proposed Regulations on Fee to Fund Patient Outcomes Agency

Covington & Burling recently issued a client advisory bulletin summarizing proposed regulations by the Internal Revenue Service to… More

protected content Covington & Burling’s Compensation and Benefits Pointers Reviews Recent Developments

Covington & Burling’s current Compensation and Benefits Pointers, a quarterly review of recent developments in employee benefits… More

protected content Morgan Lewis Overview of Final Rule on Summary of Benefits and Coverage

With permission from Morgan, Lewis & Bockius, we are sharing with ERIC members a client alert that highlights some of the key changes in… More

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Mercer Finds Employer Health Plan Enrollment Up 2% under PPACA’s Dependent Eligibility Rule

Results from Mercer's National Survey of Employer-Sponsored Health Plans show that employers have already felt the effects of the… More

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EBRI Analysis Finds that Elimination of Tax Benefits for Employment-Based Health Coverage May Push Workers to Exchanges

Workers may choose to enter insurance exchanges over keeping employment-based health coverage if the tax treatment for health benefits… More

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Covington & Burling Reviews Recent Developments Concerning PPACA

ERIC Counsel Covington & Burling recently released a client alert that summarizes recent regulatory, case law, and legislative… More

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CRS Reviews Potential Employer Penalties Under PPACA

A recent report by the Congressional Research Services describes the potential penalties beginning in 2014 to employers under the Patient… More

More Additional Resources

Press Releases

ERIC Proposes “Safe Harbor” Approach for Determining Essential Health Benefits for Purposes of Annual and Lifetime Limits

Washington, D.C. – The ERISA Industry Committee (ERIC) on February 29 wrote to the Department of Health and Human Services (HHS) urging the agency to permit employers with group health plans to continue to apply a “good faith” interpretation of essential health benefits and adopt a “safe harbor” for purposes of implementing the prohibition on dollar limits on essential health benefits under the Affordable Care Act (ACA).… More

ERIC Urges Simplified Process in Administering and Determining Exchange Eligibility

ERIC News Release For Immediate Release:   November 1, 2011 Washington, D.C. – The ERISA Industry Committee (ERIC)… More

ERIC Urges Proposals to Make Benefit Summaries Relevant to Self-Insured Plans

ERIC News Release For Immediate Release:  October 21, 2011 Washington, D.C. – The ERISA Industry Committee (ERIC) today submitted… More

ERIC to Feds: Do Not Impose Unnecessary Costs and Hassle on Employers to Fund Comparative Effectiveness Research

ERIC News Release For Immediate Release: September 6, 2011 Washington, D.C. -- The ERISA Industry Committee (ERIC) today urged the… More

ERIC Cautions Regulators to Avoid Burdensome Claims and Appeals Requirements

ERIC News Release For Immediate Release: July 25, 2011 Washington, D.C. -- The ERISA Industry Committee (ERIC) today submitted comments on… More

ERIC Urges IRS Not to Impose Undue Burdens on Group Health Plan W-2 Reporting Requirements

ERIC News Release For Immediate Release: July 15, 2011 Washington, D.C. -- The ERISA Industry Committee (ERIC) in comments submitted today… More

ERIC to Regulators:  Ensure that Shared Responsibility Provisions Do Not Unfairly Penalize Employers that Provide Affordable, Comprehensive Health Care

ERIC News Release For Immediate Release: June 17, 2011 Washington, D.C. -- The ERISA Industry Committee (ERIC) today in separate letters… More

ERIC to Treasury:  Reduce the Regulatory Burden

ERIC News Release For Immediate Release: April 29, 2011 Washington, D.C. -- The ERISA Industry Committee (ERIC) today submitted comments to… More

ERIC to the Feds:  Employers Need Additional Guidance on Retiree-Only Plans

Washington, D.C. -- The ERISA Industry Committee (ERIC) on April 6 urged the Departments of Labor, Treasury, and Health and Human Services… More

ERIC to DOL: Reduce the Regulatory Burden

ERIC News Release For Immediate Release: April 14, 2011 Washington, D.C. -- The ERISA Industry Committee (ERIC) on April 8 submitted… More

ERIC Urges Regulators to Support Policies that Encourage Workplace Wellness Programs

ERIC News Release For Immediate Release: February 24, 2011 Washington, D.C. -- Gretchen Young, Senior Vice President for Health Policy at… More

More Press Releases

Court Rulings

Supreme Court Will Review the Affordable Care Act

The Supreme Court announced November 14 that it will in fact consider the constitutionality of key elements of the Affordable Care Act… More

protected content DC Circuit Court Affirms Constitutionality of ACA

In its fifteen minutes of fame before the U.S. Supreme Court steps into the picture, the U.S. Court of Appeals for the District of Columbia… More

protected content 4th Circuit Dismisses ACA Suit

Yesterday, the 4th Circuit delivered yet another variant of a decision on the Affordable Care Act (ACA), albeit in a somewhat oblique… More

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Eleventh Circuit Court of Appeals Finds PPACA Individual Mandate Unconstitutional

A three-judge panel for the U.S. Court of Appeals for the Eleventh Circuit on August 12 in a 2-1 decision upheld a district court ruling… More

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Sixth Circuit Appeals Court Finds PPACA Constitutional

On June 29, the first Circuit Court to decide the constitutionality of the individual mandate provision of the Patient Protection and… More

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Supreme Court Turns Down Expedited Review of PPACA Constitutionality

The U.S. Supreme Court on April 25 announced that it would not grant expedited consideration of a Virginia district court case finding the… More

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PPACA Invalidated by Florida District Court

In a decision for the U.S. District Court for the Northern District of Florida, Judge Roger Vinson declared the individual mandate provision… More

More Court Rulings