Looking Ahead: What the Impending Supreme Court Decision on the Affordable Care Act Means for You
Potential Implications of the Supreme Court Decision on the Affordable Care Act, May 30, 2012
During the week of March 26, 2012, the Supreme Court heard an unprecedented three days of oral argument on the question of the constitutionality of the Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the Health Care and Education Reconciliation Act, Public Law 111-152 (the “Affordable Care Act,” or ACA). The Court is expected to issue its decision in June.
Alston & Bird’s April 4, 2012, Health Care Advisory focused on oral argument before the Supreme Court on the primary issues presently being considered by the Supreme Court in the cases. In this advisory, we focus on some of the implications and issues that may arise as a result of the Supreme Court’s ruling and address such implications and issues arising from several potential outcomes of the cases before the Supreme Court.
Health Care Advisory: Supreme Court Review of the Affordable Care Act, April 4, 2012
This advisory provides a high-level summary of the oral arguments made before the Supreme Court on the constitutionality of the Affordable Care Act (ACA), which drew the attention of the nation last week. The Supreme Court allocated six and a half hours, over three days, to hear arguments on issues concerning the applicability of the anti-injunction act, the constitutionality of the individual mandate, the effect of striking the individual mandate on the rest of the ACA and the constitutionality of the Medicaid expansion.
About the Authors
Paula Stannard is a former deputy general counsel and acting general counsel of the U.S. Department of Health and Human Services (HHS). She advises clients on regulatory questions that arise out of the ongoing health care reform effort and focuses her practice on HIPAA and health information technology (including certified EHR and meaningful use issues), food and drug and other regulatory issues in the health care sector.
Brian Frey is a senior associate in the firm's Litigation & Trial Practice Group whose diverse practice focuses on government and internal investigations, civil and criminal litigation, and civil rights litigation.
Joyce Gresko is an attorney in Alston & Bird’s Washington, D.C. office, where she is a member of the Health Care and Legislative & Public Policy Groups. She focuses her practice on health care regulatory, legislative and compliance matters.
Jennifer Butler is co-chair of Alston & Bird’s Health Care Group and brings over a decade of experience in representing leading health care companies. She concentrates her practice on health care regulatory and legislative matters, and her practice includes serving as chief health care counsel to former Senate Majority Leader Bob Dole.
||J. Mark Ray|
Mark Ray is co-chair of Alston & Bird’s Health Care Group, concentrating his practice primarily on complex public and private company mergers and acquisitions and corporate financing transactions for clients in the health care sector.