Health Care Law Blog

Score Tied: Health Reform - 1, Opponents - 1

The 11^th Circuit Court of Appeals recently issued a decision declaring that the "individual mandate" provisions of the Patient Protection and Affordable Care Act ("PPACA") are unconstitutional.  This decision directly conflicts with the decision issued by the 6^th Circuit Court of Appeals earlier this summer.

In a split decision (2 judges to 1), the 11^th Circuit declared that portions of PPACA were constitutional, but that they could be severed from the remainder of the statute, specifically the individual mandate provisions.

In essence, the individual mandate provisions fine individuals for failing to purchase health insurance.  Accordingly, the court found that since the individual mandate constituted a regulatory penalty, it could not be sustained under the power afforded to Congress under the Taxing and Spending Clause of the US Constitution.  Neither was it an appropriate exercise of Congressional power under the Commerce Clause.

Since the 11^th Circuit's decision on the constitutionality of PPACA is squarely at odds with the 6^th Circuit's decision, it is almost assured that the US Supreme Court will agree to hear the case in order to resolve the Circuit split.  Until that time, health providers must prepare for the upcoming PPACA deadlines that are applicable.  To learn more, please contact one of our experienced health care lawyers.

Categories: Health Care Reform, Hospitals, Insurance, Physicians