Insight Center: Publications

Next Steps Following the Supreme Court's Decision on the Affordable Care Act

Client Alert

Authors: Jonathan A. Clark and Henry C. Fader


As you undoubtedly know, the U.S. Supreme Court today upheld most provisions of the Patient Protection and Affordable Care Act. The Court, in a 5-4 ruling, upheld the "individual mandate" requiring individuals to acquire and maintain health care insurance or pay a penalty, and also narrowed the Medicaid provisions of the Act substantially, prohibiting the federal government from withholding funds from state Medicaid programs that decline to follow the expansion of the Medicaid program.

In essence, what this ruling means is that employers and health care providers must continue to work on implementation of the law's requirements. While Congress may act down the road on changing the law, the Administration will continue to implement the regulations under the Act - and issue new regulations. Employers and health care providers must continue their work to comply with those requirements.

The opinion is available online at http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf.

Pepper Hamilton is planning a series of webinars, articles and other events explaining how implementation of the Affordable Care Act will affect employers and providers. Stay tuned for announcements in the coming days about the first of those events.

The material in this publication was created as of the date set forth above and is based on laws, court decisions, administrative rulings and congressional materials that existed at that time, and should not be construed as legal advice or legal opinions on specific facts. The information in this publication is not intended to create, and the transmission and receipt of it does not constitute, a lawyer-client relationship.