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June 18, 2013

Court of Appeals Upholds PPACA Individual Mandate

Barnes & Thornburg LLP - a national law firm of more than 550 professionals
Heather Fesko Delgado
Mark E. Rust
Barnes & Thornburg LLP
Thursday, July 7, 2011
Administrative & Regulatory / Health Law & Managed Care / Insurance Reinsurance & Surety / Litigation / Trial Practice
All Federal / 6th Circuit (incl. bankruptcy)
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The Federal Court of Appeals for the Sixth Circuit ruled 2-1 in finding the minimum coverage provision of the Patient Protection and Affordable Care Act (PPACA) constitutional. The minimum coverage provision or individual mandate requires nearly all Americans to purchase minimum health insurance coverage by 2014 or face financial penalties.

In Thomas More Law Center v. Obama, No. 10-2388 (6th Cir. Jun. 29 2011), the Court found “that the minimum coverage provision is a valid exercise of legislative power by Congress under the Commerce Clause.”

Two more PPACA cases are pending before the federal court of appeals in Virginia and Atlanta. Those courts heard oral arguments in May and June. The Sixth Circuit’s opinion upheld the district court ruling, which also held the law constitutional.

To read the case: http://www.ca6.uscourts.gov/opinions.pdf/11a0168p-06.pdf

© 2013 BARNES & THORNBURG LLP

About the Author

Heather Fesko Delgado
Partner

Heather Fesko Delgado is a partner in Barnes & Thornburg LLP’s Chicago office and a member of the firm’s Heathcare Department. Ms. Delgado practices exclusively in the healthcare transactional, regulatory and compliance areas.

heather.delgado@btlaw.com
312-338-5905
www.btlaw.com

About the Author

Mark E. Rust
Managing Partner of the Chicago Office

Mark Rust is Managing Partner of the Chicago office of Barnes & Thornburg, LLP, and Chair of the firm’s national Healthcare Department. Mr. Rust concentrates his practice in transactional, regulatory and medical-legal issues affecting healthcare entities and provider organizations. For nearly 30 years he has written about or practiced in healthcare law, writing in a wide variety of publications from theJournal of the American Bar Association to USA Today. He is listed as a notable healthcare lawyer in Chambers USA, Top Healthcare Lawyers of...

mark.rust@btlaw.com
312-214-8309
www.btlaw.com

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