Pepper Hamilton partner Jonathan A. Clark, co-chair of the firm’s Employee Benefits Practice Group, was quoted in two Philadelphia publications reporting on the issues surrounding the U.S. Supreme Court’s upholding on June 28 the centerpiece of the Affordable Care Act — the so-called individual mandate to buy insurance — as a constitutional exercise of Congress' taxing authority.
In the June 28 Philadelphia Inquirer article "Justices to Reveal Health Law's Fate," Clark commented: "Once you take away the mandate, how many more provisions do you take away before the whole thing falls? If the whole thing is upheld, that will be clear for clients. If the whole things goes away, that will be the same. If only parts are upheld, that will be the most difficult and challenging option."
And the June 29 Legal Intelligencer article "Lawyers Now Focus on Health Care Reform's Practical Effect" reported on Clark’s assertion that if employers look to cease providing health care coverage to their employees, it won't be as early as 2014, when the Act’s individual mandate will take effect, and that employers are instead going to watch whether the Act’s planned individual systems for health care through state exchanges work, and then will make decisions about what to do a year or two after the Act is fully effective.