WhatleyKallas’ Initial Analysis of the Supreme Court's Decision Upholding Health Care Reform

Earlier today we posted the opinion of the Supreme Court upholding the Affordable Care Act (“ACA” or “PPACA”).   National Federation of Independent Businesses v. Sebelius. No. 11-393.  Chief Justice Roberts wrote the opinion for the Court upholding the insurance mandate in the ACA under the taxing power of the government.  The four moderate members of the Court joined the Chief Justice in upholding the mandate.  The only limitation on the ACA is that the majority of the Court ruled that States can opt out of the expansion of the Medicaid Program without losing the money they receive under existing Medicaid. 

The ruling of the Court means that the protections for consumers such as no discrimination based on pre-existing conditions will remain in effect and the reforms scheduled for 2014 will take place.  The ruling also means that the changes in matters such as compensation methodologies will proceed.  Whatley Kallas will be working closely with their physician and Association clients to take advantage of the law that will now be fully implemented.

A majority of the Court ruled that the mandate could not be adopted under the Commerce Power of the federal government.  This ruling may limit future efforts at reform and regulation by Congress, but the important health care law will survive.

We will continue to provide updated analysis and reports on the effects of this important Supreme Court decision.