Anti-Injunction Act Bars Litigation of Affordable Care Act?

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Anti-Injunction Act Bars Litigation of Affordable Care Act?

Today’s hearing at the Supreme Court began with a Court-appointed amicus curiae from attorney Robert Long.  An amicus curiae or friend of the court brief focused on whether the Court may leave PPACA in effect even if it determines that requiring all Americans to purchase health insurance or pay a penalty is unconstitutional.  This is referred to as leaving (or severing) the rest of PPACA from the provision  that is being litigated.  Second, the amicus curiae brief dealt with whether the Court may compel States to either comply with PPACA or lose Medicaid funding.

At the conclusion of today’s hearing Chief Justice Roberts stated, Mr. Long, you were invited by this Court to defend the proposition that the Anti-Injunction Act barred this litigation. You have ably carried out that responsibility, for which the Court is grateful.

Briefs have been submitted by organizations favoring reversal of PPACA on the severability issue, including:

Other organizations submitted briefs supporting severability, in other words the idea that the the Supreme Court strikes down the individual mandate that the rest of PPACA remains intact.  These include the Missouri Attorney General and the AARP.

Since the PPACA doesn’t specifically address severability it is left to interpretation by the courts.

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By | 2017-05-04T04:06:50+00:00 March 26th, 2012|health care reform|0 Comments

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Michael is Managing Partner & CEO of No World Borders, a leading health care management and IT consulting firm. He leads a team that provides Cybersecurity best practices for healthcare clients, ICD-10 Consulting, Meaningful Use of Electronic Health Records. He advises legal teams as an expert witness in HIPAA Privacy and Security, medical coding and billing and usual and customary cost of care, the Affordable Care Act and benefits enrollment, white collar crime, False Claims Act, Anti-Kickback, Stark Law, Insurance Fraud, payor-provider disputes, and consults to venture capital and private equity firms on mHealth, Cloud Computing in Healthcare, and Software as a Service. He advises self-insured employers on cost of care and regulations. Arrigo was recently retained by the U.S. Department of Justice (DOJ) regarding a significant false claims act investigation. He has provided opinions on over $1 billion in health care claims and due diligence on over $4 billion in healthcare mergers and acquisitions. Education: UC Irvine - Economics and Computer Science, University of Southern California - Business, Stanford Medical School - Biomedical Informatics, Harvard Law School - Bioethics.
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