March 28th, 2012
Regarding the PPACA hearings, Justice Ginsburg said Mr. Clement is essentially requesting that the Court to conduct “a wrecking operation,” and said ”the more conservative approach would be salvage rather than throwing out everything.”
via Review & Outlook: The ObamaCare Reckoning – WSJ.com.
Fortunately, some of the benefits of legislation over the past including the The Health Information Technology for Economic and Clinical Health (HITECH) Act, enacted as part of the American Recovery and Reinvestment Act of 2009 and therefore separate from PPACA will stand if PPACA is rescinded.
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March 28th, 2012
HealthImaging published an update today regarding PPACA that quotes Paul D. Clement. “If the individual mandate is unconstitutional, then the rest of the Act cannot stand. If you do not have the individual mandate to force people into the market then community rating and guaranteed-issue will cause the cost of premiums to skyrocket.”
Community rating is something that the industry has now but the data set and sample size is smaller than PPACA contemplates. In our opinion, guaranteed issue is a component that should be considered by the Supreme Court and preserved or rescinded with the individual mandate.
Edwin Kneedler argued on behalf of the Obama Administration that if the minimum coverage provision should fall, the guaranteed-issue and community rating rules should fall as well as “that is one package that Congress deemed essential.”
Key notes:
American Recovery and Reinvestment Act of 2009 and HITECH Act are separate from PPACA, therefore Meaningful Use will Stand if PPACA is rescinded.
HIPAA Mandate ICD-10 is Separate from PPACA and will Stand if PPACA is rescinded.
Read more here
Justices end PPACA arguments debating minimum coverage severability.
Severability
SCOTUS Coverage Needs a More Holistic View
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