Analysis: Supreme Court’s landmark health care reform decision — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Analysis: Supreme Court’s landmark health care reform decision

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in Employment Law,Human Resources

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)

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