Justice Kennedy Questions Justification for Individual Mandate in Affordable Care Act

//Justice Kennedy Questions Justification for Individual Mandate in Affordable Care Act

Justice Kennedy Questions Justification for Individual Mandate in Affordable Care Act

The Patient Protection and Affordable Care Act (PPACA) may not stand in whole or in part, depending on the severability determination of the Supreme Court of the United States.

Justice Anthony Kennedy said today that the government has a “very heavy burden of justification” for the  requirement that people buy health insurance or pay penalties.   If Kennedy is the swing vote for striking the individual mandate, then the question will be whether PPACA will be rescinded in whole or in part.  Justice Kennedy has a history of being a swing voter on other matters, sometimes telegraphing his thoughts in the wording of his questions as he did today.

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By | 2016-08-10T14:24:48+00:00 March 27th, 2012|health care reform|0 Comments

About the Author:

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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