by Tom Christina, Esq., Ogletree Deakins
On June 28, the U.S. Supreme Court issued its highly anticipated opinion deciding the constitutionality of the federal health care reform overhaul known as the Affordable Care Act (ACA). The Court upheld the entire act, except a provision related to expanding eligibility for Medicaid.
Chief Justice John Roberts, writing for the Court, construed the individual mandate as an option to have “minimum essential coverage” or else pay a tax. The decision upheld the mandate on the basis that the ACA merely uses a tax penalty to create an incentive for individuals to have minimum, essential health insurance coverage.
The Court also held that the Medicaid expansion provision, although unconstitutional, can be severed, meaning the remainder of the act could stand despite the unconstitutionality of one portion.
The landmark case was Florida, et al. v. United States Department of Health and Hu...(register to read more)