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Eleventh Circuit strikes the ACA's individual mandate as unconstitutional, setting up a circuit split and making Supreme Court review more likely
  • McDermott Will & Emery
  • USA
  • August 23 2011

In a 2-1 decision on August 12, 2011, the Eleventh Circuit Court of Appeals in Atlanta ruled that the individual mandate in the Affordable Care Act is unconstitutional


Pennsylvania federal judge finds the individual mandate unconstitutional and strikes down closely related provisions
  • McDermott Will & Emery
  • USA
  • September 14 2011

On September 13, 2011, a federal district court judge in Pennsylvania ruled that the individual mandate under the Affordable Care Act (ACA) is unconstitutional and that certain provisions closely linked to the individual mandate must also be struck down


Split decision: U.S. appellate court finds Health Reform Law is constitutional
  • McDermott Will & Emery
  • USA
  • July 1 2011

The Obama Administration enthusiastically embraced a legal victory yesterday when, in a 2-1 split decision, a federal appeals court panel upheld a lower federal court decision finding that the federal Health Reform Law is constitutional


Eleventh Circuit: individual mandate unconstitutional, but rest of ACA stands
  • McDermott Will & Emery
  • USA
  • August 23 2011

The recent high profile decision by the Eleventh Circuit affirmed the opinion by a lower court that the individual mandate under the health reform law is unconstitutional


Key health law issues for 2011
  • McDermott Will & Emery
  • USA
  • May 11 2011

Throughout 2010 and continuing through the first quarter of 2011, we have seen the introduction of substantial, new developments in health care laws, policies and initiatives that will impact the health care sector through the remaining months of 2011 and beyond


CMS expects to issue ACO rules by mid-January 2011
  • McDermott Will & Emery
  • USA
  • December 6 2010

Centers for Medicare & Medicaid Services officials announced they expect to issue proposed regulations for accountable care organizations (ACO) by mid-January 2011, and also revealed Medicare beneficiaries will be informed when they are assigned to an ACO


Significant health reform ideas: Fiscal Commission Report may impact health policy
  • McDermott Will & Emery
  • USA
  • December 8 2010

The President's Fiscal Commission Report contains significant recommendations for health care policy that could yet influence policymakers


Home Health Agency 2011 rate update implements key health reform provisions for home and hospice care
  • McDermott Will & Emery
  • USA
  • December 15 2010

The Centers for Medicare and Medicaid Services' Final 2011 Home Health Agency Prospective Payment System update significantly clarifies the application of the 36-month change of ownership rule for home health agencies and exceptions to that rule


MedPAC makes recommendations to CMS on ACOs
  • McDermott Will & Emery
  • USA
  • December 7 2010

In a letter to the Centers for Medicare & Medicaid Services regarding accountable care organizations (ACOs), the Medicare Payment Advisory Commission supported a two-sided financial risk model to give more ACOs more incentive to control spending


Letter from twenty-one GOP governors emphasizes uncertainty of ACA's future while also seeking targeted modifications that would improve ACA
  • McDermott Will & Emery
  • USA
  • February 8 2011

On February 7, 2011, Republican Governors sent a letter to Secretary of Health and Human Services (HHS), Kathleen Sebelius, emphasizing that the future of the Affordable Care Act (ACA) is uncertain and suggesting a short of list of "improvements" to ACA