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Legal/Legislative Challenges to the Law
Legal Challenges to the ACA
Legislative Challenges to the ACA
Legal Challenges to the ACA
Supreme Court Decision
Government Resources
Analysis
- The Supreme Court Decides: Health Law at the High Court, Kaiser Health News, (Updated regularly)
- Fate of 'Uninsurables' Hinges on Supreme Court, AP, 5/18/12 (New)
- Health Care Reform – What Employers Should Be Thinking About Now, Faegre Baker Daniels, 5/14/12 (New)
- Potential Accounting Implications of Upcoming Supreme Court Decision on the Affordable Care Act, PricewaterhouseCoopers, 5/8/12 (New)
- Health Care Reform: What If They Throw the Whole Thing Out?, Jones Day, 5/7/12 (New)
- Preparing for the U.S. Supreme Court's Healthcare Decision, Morgan Lewis, 4/30/12 (New)
- Supreme Court Hears Oral Arguments on Health Care Reform: Will the Affordable Care Act Survive?, Littler, 4/6/12
- Supreme Court Review of the Affordable Care Act: A Summary of the Oral Arguments, Groom Law Group, 4/2/12
- Supreme Court Health Care Debate: If the Law Fails, What's Next?, Politico, 4/1/12
- Health Reform Ruling: Four Likely Scenarios, Politico, 4/1/12
- Day Three – The Supreme Court Hears Argument on the Severability of the Individual Mandate and State Sovereignty, Faegre Baker Daniels, 3/29/12
- 3 Days of Hearings Over, 2 Justices May Be Key, AP, 3/29/12
- Secret Vote Opens Health Law Review Shaping Court Legacy, Bloomberg, 3/28/12
- Some Justices Suggest Preserving Part of Health-Care Law, Bloomberg, 3/28/12
- States Get Tough SCOTUS Questions on Medicaid, Politico, 3/28/12
- Even Without The Individual Mandate, Health Law Would Still Affect Millions, Kaiser Health News, 3/28/12
- Supreme Court Considers Whether to Let Most of Health Care Law Stand, MSNBC, 3/28/12
- Day Two – The Supreme Court Hears Argument on the Constitutionality of the ACA's Individual Mandate, Faegre Baker Daniels, 3/28/12
- Skeptical Justices Question Obama Healthcare Law, Reuters, 3/27/12
- First day of Supreme Court Arguments on the Affordable Care Act Focuses on the Anti-Injunction Act, Faegre Baker Daniels, 3/27/12
- Court Signals It Will Decide Constitutionality of Health Care Mandate, MSNBC, 3/26/12
- Florida v. HHS Raises Key Constitutional Issues Related to Health Care Reform, Mintz Levin, 3/23/12
- The Impact of ACA Market Reforms Without a Mandate, America's Health Insurance Plans (AHIP), 3/23/12
- Supreme Court’s FMLA Decision in Coleman May Spell Trouble for Healthcare Reform Law, McGuire Woods, 3/23/12
- U.S. Supreme Court to Release Audio in Health Care Cases, Reuters, 3/16/12
- Supreme Court Rules Out Television Cameras for Healthcare Debate, The Hill, 3/16/12
- If Mandate Is Overturned, Obama Could Need Help To Salvage The Health Law, Kaiser Health News, 3/16/12
- Insight: Behind the Healthcare-Law Case: The Challengers' Tale, Reuters, 3/13/12
- Health Care Challengers Offer Hypothetical Mandates, USA Today, 3/15/12
- The Health Law And The Supreme Court: A Primer For The Upcoming Oral Arguments, Kaiser Health News, 3/15/12
- Effect of the Affordable Care Act on Enrollment and Premiums, With and Without the Individual Mandate, Rand Corp., 2/15/12
- A Guide to the Supreme Court’s Review of the 2010 Health Care Reform Law, Kaiser Focus on Health Reform, 1/31/12
- Obama Lawyers Argue Rest of Health Law Can Survive, Reuters, 1/27/12
- U.S. Supreme Court and Health Care Reform: A Momentous Decision Ahead, Towers Watson, 1/26/12
- The Economic Significance of the Individual Mandate in the Health Care Reform Law, Towers Watson, 1/26/12
- Eliminating the Individual Mandate: Effects on Premiums, Coverage, and Uncompensated Care, Robert Wood Johnson Foundation and Urban Institute, 1/11/12
- Supreme Court Case: Department of Justice Brief and Plaintiffs' Brief, 1/6/12
- U.S. Supreme Court to Hear Affordable Care Act Case, Segal, 1/5/12
- Legal Questions And Answers That Will Decide The Health Law’s Fate, Kaiser Health News, 11/18/11
- Supreme Court to Hear Challenge to Obama’s Health-Care Overhaul, Washington Post, 11/14/11
- Obama Healthcare Law Issues Before High Court, Reuters, 10/25/11
- Supreme Court Notebook: Health Care Law in March?, AP, 10/20/11
- Liberty University v. Timothy Geithner, Petition to Supreme Court, 10/8/11
Previous Legal Challenges
- Scoreboard: Tracking Health Law Court Challenges, Kaiser Health News, (Updated regularly)
- Obama Health-Care Law Ruled Constitutional by Appeals Court, Bloomberg, 11/8/11
- Virginia v. Sebelius, U.S. Court of Appeals, Fourth Circuit, 9/8/11
- Florida v. HHS: Decision; Conclusion, U.S. Court of Appeals, 11th Circuit, 8/12/11
- Sixth Circuit Court of Appeals Upholds Individual Mandate Provision of Affordable Care Act, Aon Hewitt, 6/30/11
- Thomas More Law Center v. Obama, U.S. Court of Appeals, Sixth Circuit, 6/29/11
- Feds Amp Argument for Individual Health Insurance Mandate, Politico, 5/18/11
- Constitutional Challenges Asserted in Health Care Reform Litigation, Faegre & Benson, 4/13/11
- Special Litigation Update on Health Care Reform, Faegre & Benson, 4/13/11
- Clarification of Florida v. HHS, U.S. District Court Northern District of Florida, 3/3/11
- Request for Clarification of Florida v. HHS, U.S. District Court Northern District of Florida, 2/23/11
- Mead v. Holder, United States District Court District of Columbia, 2/22/11
- Congressional and Legal Challenges to the Affordable Care Act, Segal, 2/10/11
- U.S. District Court Declares Affordable Care Act Unconstitutional, Aon Hewitt, 2/2/11
- Federal Court in Florida Finds the Patient Protection and Affordable Care Act Unconstitutional, Proskauer Rose, 2/2/11
- Constitutional Challenges to Health Reform Move to Courts of Appeal, McGuire Woods, 2/2/11
- State of Florida v. U.S. Department of Health and Human Services, U.S. District Court Northern District of Florida, 1/31/11
- Court Finds Individual Mandate of PPACA Unconstitutional, Sutherland, 12/16/10
- Virginia Court Finds Health Care Insurance Mandates Unconstitutional, Vorys Sater Seymour & Pease, 12/15/10
- Status of Legal Challenges to Obama Health Care Overhaul, Washington Post, 12/15/10
- Constitutionality of Individual Insurance Mandate in Health Care Reform Law – Score Now 2-1, Littler Mendelson, 12/15/10
- District Court Finds Health Reform Individual Mandate Unconstitutional, McGuire Woods, 12/14/10
- Commonwealth of Virginia v. Kathleen Sebelius, U.S. District Court Eastern District of Virginia, 12/13/10
Legislative Challenges to the ACA
Many bills have been introduced in Congress to defund, change or repeal ACA. The sources below focus on some of the federal and state bills that have progressed in the legislative process. To see a more comprehensive list of the federal bills introduced in Congress related to ACA that may be of interest to health plan sponsors, consult our U.S. Legislative Tracker.
- State Legislation and Actions Challenging Certain Health Reforms, 2012, National Conference of State Legislatures, (updated regularly)
- Sequester Replacement Reconciliation Act of 2012, H.R. 5652, Introduced 5/9/12; Passed House, 5/10/12 (Includes funding cuts for various provisions of the Affordable Care Act) (New)
- Commerce, Justice, Science, and Related Agencies Appropriations Act, 2013, H.R. 5326, Introduced, 5/2/12; Passed House, 5/10/12 (Includes provision to prohibit the Justice Department from using funds to defend actions challenging the Affordable Care Act) (New)
- Congressional Hearing: The Impact of Limitations on the Use of Tax-Advantaged Accounts for the Purchase of Over-the-Counter Medication, House Ways and Means Committee's Subcommittee on Oversight, 4/25/12 (New)
- Congressional Hearing: Individual and Employer Mandates in the Democrats’ Health Care Law, House Ways and Means Committee's Subcommittee on Health, 3/29/12
- Congressional Hearing: Putting Health Care Spending on a Sustainable Path, Senate Budget Committee, 2/29/12
- Congressional Hearing: Small Business Health Insurance Tax Credit, House Ways and Means Committee's Subcommittee on Oversight, 11/15/11
- Congressional Hearing: Improving Quality, Lowering Costs: The Role of Health Care Delivery System Reform, Senate Committee on Health, Education, Labor & Pensions, 11/10/11
- Congressional Hearing: Do New Health Law Mandates Threaten Conscience Rights and Access to Care?, House Energy & Commerce Committee's Subcommittee on Health, 11/2/11
- Congressional Hearing: Examining Obamacare's Hidden Marriage Penalty and Its Impact on the Deficit, House Committee on Oversight and Government Reform's Subcommitte on Health Care, District of Columbia, Census and the National Archives, 10/27/11
- Congressional Hearing: Regulations, Costs, and Uncertainty in Employer Provided Health Care, House Committee on Education & the Workforce's Subcommittee on Health, Employment, Labor, and Pensions, 10/13/11
- Congressional Hearing: Obamacare's Employer Penalty and Its Impact on Temporary Workers, House Committee on Oversight and Government Reform's Subcommittee on Health Care, 10/6/11
- Bill Would Repeal Affordable Care Act, Institute Health Insurance Market Reforms, Littler Mendelson, 9/26/11
- Congressional Hearing: Cutting the Red Tape: Saving Jobs from PPACA’s Harmful Regulations, Subcommittee on Health of the House Energy and Commerce Committee, 9/15/11
- Congressional Hearing: Health Reform and Health Insurance Premiums: Empowering States to Serve Consumers, Senate Committee on Health, Education, Labor & Pensions, 8/2/11
- Congressional Hearing: Impact of Obamacare on Job Creators and Their Decision to Offer Health Insurance, House Committee on Oversight and Government Reform's Subcommittee on Health Care, District of Columbia, Census and the National Archives, 7/28/11
- Legislation Addressing the Patient Protection and Affordable Care Act, Towers Watson, 7/27/11
- Congressional Hearing: PPACA’s Effects on Maintaining Health Coverage and Jobs: A Review of the Health Care Law’s Regulatory Burden: Part 1 and Part 2, House Committee on Energy & Commerce's Subcommittee on Health, 6/2/11 and 6/15/11
- Analysis of a Permanent Prohibition on Implementing the Major Health Care Legislation Enacted in March 2010, Congressional Budget Office, 5/26/11
- Congressional Hearing: Expanding Health Care Options: Allowing Americans to Purchase Affordable Coverage Across State Lines, House Committee on Energy and Commerce's Subcommittee on Health, Scheduled for 5/25/11
- State Legislation and Actions Challenging Certain Health Reforms, 2010-2011, National Conference of State Legislatures, 5/4/11
- HR 1213 - To repeal mandatory funding provided to States in the Patient Protection and Affordable Care Act to establish American Health Benefit Exchanges, Introduced 3/29/11; Passed House 5/3/11
- Cost Estimate of HR 1213, A Bill to Repeal Mandatory Funding Provided to States in the Patient Protection and Affordable Care Act to Establish American Heatlh Benefit Exchanges, Congressional Budget Office, 4/27/11
- Repeal of the Affordable Care Act's 1099 Reporting Requirement and Changes in the Subsidies Available to Individuals in 2014, Segal, 4/18/2011
- Department of Defense and Full-Year Continuing Appropriations Act 2011, HR 1473 (Repeals the Free Choice Voucher progam and reduces funding provisions), Introduced 4/11/11; Passed House and Senate 4/14/11; Enacted 4/15/11
- Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011, HR 4, Introduced 1/12/11; Passed by House 3/3/11; Passed by Senate 4/5/11; Enacted 4/14/11
- Repeal of Expanded 1099‐MISC Reporting Is Almost Official, Groom Law Group, 4/6/11
- Congressional Hearing: Health Reform: Lessons Learned During the First Year, Senate Finance Committee, 3/30/11
- Congressional Hearing: True Cost of PPACA: Effects on the Budget and Jobs, House Committee on Energy & Commerce's Subcommittee on Health, 3/30/11
- Tennesee Health Freedom Act (Rejects federal individual mandate), Enacted, 3/18/11 Bill Summary
- Congressional Hearing: Health Insurance Exchanges and Ongoing State Implementation of the Patient Protection and Affordable Care Act, Senate Committee on Health, Education, Labor & Pensions, 3/17/11
- Congressional Hearing: Obamacare: Why the Need for Waivers?, House Committee on Oversight and Government Reform's Subcommitte on Health Care, District of Columbia, Census and the National Archives, 3/15/11
- Congressional Hearing: The Pressures of Rising Costs on Employer Provided Health Care, House Committee on Education and the Workforce, 3/10/11
- Congressional Hearing: Setting Fiscal Priorities in Health Care Funding (Outline of Republican plan to defund PPACA), House Committee on Energy and Commerce, 3/7/11
- Private Health Insurance Coverage: Expert Views on Approaches to Encourage Voluntary Enrollment, Government Accountability Office (GAO), 2/25/11
- Affordable Care Act: Supporting Innovation, Empowering States, White House, 2/28/11
- Full-Year Continuing Appropriations Act, 2011, HR 1, Introduced 2/11/11; Passed House, 2/19/11 (Includes four amendments to defund the health care reform law)
- Cost Estimate of H.R. 2, Repealing the Job-Killing Health Care Law Act, Congressional Budget Office, 2/18/11
- Long-Term Budgeting and Tax Effects of H.R. 2, Repealing the Job-Killing Health Care Law Act, Congressional Budget Office, 2/18/11
- FAA Air Transportation Modernization and Safety Improvement Act (S 223), Introduced 1/27/11; Passed Senate, 2/17/11 (Includes amendment to repeal the Form 1099 reporting requirements for payments of $600 or more to corporations)
- Congressional Hearing: The Impact of the Health Care Law on the Economy, Employers, and the Workforce, House Committee Education & the Workforce's Subcommittee on Health, Employment, Labor, and Pensions, 2/9/11
- Congressional Hearing: The Affordable Care Act: The Impact of Health Insurance Reform on Health Care Consumers, Senate Committee on Health, Education, Labor & Pensions, 1/27/11
- Repealing the Job-Killng Health Care Law Act, HR 2, Introduced 1/5/11; Passed by House, 1/19/11
- Preliminary Analysis of H.R. 2, the Repealing the Job-Killing Health Care Law Act, Congressional Budget Office, 1/7/11
- ObamaCare: A Budget-Busting, Job-Killing Health Care Law, John Boehner and other Republican Congressmen, 1/6/11
- State Legislation and Actions Challenging Certain Health Reforms, National Conference of State Legislatures, 12/16/10
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