As noted in the January 2011 Employee Benefits Update, the House of Representatives voted to repeal PPACA, also known as the health care reform law. On February 2, 2011, a similar bid to repeal PPACA failed to pass in the Senate by a vote of 47 to 51.

In the courts, a federal district court judge in Florida ruled on January 31, 2011, that the individual mandate provision in PPACA is unconstitutional and declared PPACA, in its entirety, void. As such, now two courts have upheld PPACA (in Michigan and West Virginia) and two courts have ruled that the law is unconstitutional (in Florida and Virginia). Additionally, on January 26, 2011, a motion to expedite briefing and to schedule oral argument for the appeal of the Virginia district court's ruling was granted. The date for oral argument was tentatively set for May 2011.

Reinhart Comment: Even though the district court judge in Florida ruled PPACA is void, plans should continue to comply with PPACA and implement PPACA mandates until we are told otherwise from Congress or the United States Supreme Court.