Supreme Court Upholds Bulk of Health Care Reform Law
July 24, 2012
In his Health Law column, Francis J. Serbaroli, a shareholder in Greenberg Traurig, writes: In one of the most controversial and closely watched cases in decades, the U.S. Supreme Court has upheld the constitutionality of most of President Obama's signature legislative accomplishment. While the court disposed of various legal and constitutional challenges to the ACA, the decision's larger significance cannot be understated, since it also addressed the limits of congressional authority under the Constitution, re-affirmed state sovereignty, and threw a potential hot potato into the presidential race.
Tax Changes for 2012 and 2013 Resulting From Health Care Law
July 16, 2012
In his Tax Tips column, Sidney Kess, of counsel at Kostelanetz & Fink, discusses the rules as they now stand, including two new Medicare taxes, one on earned income and the other on unearned income; the new federal law cap on the annual salary reduction contribution to a flexible spending account; the adjusted gross income threshold for itemizing medical deductions; and the tax treatment of rebates resulting from an insurer's failure to meet the new medical loss ratios.
In Supreme Court Health Care Ruling, Confusion and Contradiction
July 13, 2012
Stephen B. Meister, a partner of Meister, Seelig & Fein, writes that in the name of judicial restraint, Chief Justice John Roberts invented a new "Threaten to Tax and Don't Spend Power," undermining the structural limits on federal power developed over 220 years of enumerated-power jurisprudence; and, in the name of federalism, invalidated ACA's withholding of Medicaid grants even while creating a de facto police power that paves the way to obliterate that foundational principle.
July 12, 2012
Health insurer WellPoint has agreed to purchase Amerigroup in a $4.9 billion deal designed to strengthen the company's Medicaid focus. The deal comes as the Obama administration won U.S. Supreme Court approval to move forward with its Affordable Care Act, which calls for major changes to both the health insurance industry and Medicaid.
Health Care Client Alerts Prefigure Uptick in Law Firm Business
July 3, 2012
Health care, employment and employee benefits lawyers say last week's U.S. Supreme Court's decision may prompt an immediate uptick in business from some clients who had slowed down their preparations to implement the 2010 health care law but now must rev them up again. But other clients are still in a wait-and-see mode as the presidential election campaign plays out.
Tax-Law Holding Preserves Health Care Act
June 29, 2012
In a stunning victory for the Obama administration, the U.S. Supreme Court yesterday upheld the centerpiece of the nation's new health care law - the so-called individual mandate to buy insurance - as a constitutional exercise of Congress' taxing authority.
Read the decision, transcripts of the oral arguments for March 26, March 27 and March 28 morning and afternoon sessions, and briefs filed on the Severability, Medicaid, Minimum Coverage Provision, and Anti-Injunction Act topics addressed.
Chief Justice's Balancing Act Reflects His Sense of History
June 29, 2012
Before John Roberts Jr. became chief justice, he was known as one of the most nimble oral advocates to argue before the U.S. Supreme Court. To prepare for his cases, he would write hundreds of potential questions on index cards, and then shuffle them so he could be ready to answer them in any order. Yesterday, the final day of his sixth term as chief justice, Roberts showed he has carried that skill of shuffling the deck with him.
The Court Has Spoken, Leaving Congress and Voters to Be Heard
June 29, 2012
In his Health Law feature, Greenberg Traurig shareholder Francis J. Serbaroli writes: The alignment of the justices on parts of the opinion is as interesting as the content of the opinion itself. A five-justice majority effectively limited the power of Congress under the commerce clause, as well as furnishing a potential basis for challenging existing and future laws relying upon the commerce clause.