Texas Insider Report: WASHINGTON D.C. In anticipation of the Supreme Court choosing to hear the suits filed against the federal health care reform law referred to by critics often as ObamaCare the Obama Administrations Department of Justice is pointing to issues they think the justices should address. Although the administration is alleging the penalty for running afoul of the laws
individual mandate should not be considered a tax they have previously argued the penalty is a tax. This seemingly contradictory stance raises a significant issue ...
- the Federal Anti-Injunction Act prevents courts from ruling on taxes before they take effect.
In its briefs submitted to the Supreme Court the Justice Department has argued the guaranteed issue and community rating provisions of the federal health care reform law must be stricken if the court finds the individual mandate unconstitutional.
Theyve also asked the justices to ignore the parts of the suits challenging the employer mandate.
Read more at:
http://thehill.com/blogs/healthwatch/legal-challenges/189241-tax-law-could-hinder-quick-supreme-court-decision-on-healthcare-mandate
And at:
http://thehill.com/blogs/healthwatch/legal-challenges/188869-justice-dept-says-supreme-court-couldnt-strike-insurance-mandate-alone
Supreme Court Must Decide Which Reform Issues to Address
If and when the Supreme Court decides to take up the cases against the federal health care reform law it will have a menu of issues from which to choose. Although all four suits filed with the Court ask for a review of the individual mandate they all vary in the remainder of their requests.
Issues addressed in at least one but not every suit include:
- Medicaid Expansion
- The Employer Mandate and
- States Rights.
Read more at:
http://politi.co/nLeMyk
Appeals Court Hears Oral Arguments in Missouri Federal Health Care Reform Lawsuit
The U.S. Court of Appeals for the 8th Circuit recently heard oral arguments in yet another suit challenging the federal health care reform law this one brought by Missouris lieutenant governor Peter Kinder.
Kinder and a Missouri woman Samantha Hill brought the suit as individuals after Missouris attorney general Democrat Chris Koster refused to the multi-state suit challenging the reform law.
A district court ruled that Kinder and Hill didnt have legal standing to file suit and they challenged the ruling in the appeals court.
HHS Releases Final Regulations for ACOs
HHS released its final regulations for accountable care organizations (ACOs). The final regulations have eased previously proposed restrictions and requirements making it easier for doctors and hospitals to form and participate in ACOs.
The number of required performance measurements has been cut in half the electronic health records requirement has been removed and financial risks for some groups have been eliminated.
To entice providers CMS said it will make $170 million available starting next year to physician-owned and rural providers to start ACOs. At the same time the Justice Department and Federal Trade Commission released their final policy statement on the antitrust issues of ACOs eliminating a proposed mandatory review for a new ACO.
Read more at: http://www.kaiserhealthnews.org/Stories/2011/October/20/accountable-care-organization-rules-regulations.aspx
