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On June 28, 2012, the Supreme Court of the United States upheld
the most significant provisions of the Patient Protection and
Affordable Care Act (the Act), including the controversial
individual mandate. The vote was 5–4 and the
majority opinion was written by Chief Justice John Roberts.
Ironically, the justices concluded the individual mandate was not a
valid exercise of Congress' commerce clause power, but
was a proper use of Congress' tax authority. One
of the most complicated issues that everyone struggled with, the
severability issue, is now moot because the individual mandate was
upheld.
Because the Act was upheld, employers must continue to comply
with its requirements. In-depth analysis from McDermott Will
& Emery, including next steps with respect to compliance, will
be provided soon. View the Supreme Court opinion.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Whether you are an employer that provides health insurance for your employees, a business in the growing healthcare industry, a hospital, or other medical provider—or you provide services to any of those entities—you need to know about changes to the privacy and security rules under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Understanding the complexities of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules is often a challenge for health care providers and consumers.
Marilyn Tavenner received bipartisan support from members of the Senate Committee on Finance in her confirmation hearing to lead the Centers for Medicare and Medicaid Services (CMS) though a full Senate vote is being held up, the president released his FY 2014 budget proposal with health care reform and specified reimbursement reductions to providers and manufacturers totaling $400 billion over 10 years sprinkled throughout it, and Department of Health and Human Services (HHS) Secretary Sebelius
The Office of Inspector General for the Department of Health and Human Services has recently issued an updated Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs.
On Tuesday, the North Carolina legislature has enacted into law, pending the governor's signature, a prohibition on the use of most favored nations clauses in contracts between commercial health insurers and providers.
