Since 2010, the Supreme Court has stepped in twice to resuscitate key provisions of the Patient Protection and Affordable Care Act (PPACA): first, to save the individual mandate to purchase health insurance in National Federation of Independent Business v. Sebelius; and then, to save the tax subsidies for health care purchased on the federal exchange adopted by various States in King v. Burwell.
Now that our nation’s highest court has upheld two of the most fundamental reforms under PPACA, is PPACA finally on the road to recovery? Experts say, not yet. Pending cases that challenge the appropriation of Congressional funds under PPACA and the constitutionality of the individual mandate under the Origination Clause of the Constitution still threaten the viability of PPACA. Additional challenges to the contraceptive mandate under PPACA also continue to be heard by courts across the country through time-consuming and costly litigation.
For an executive summary on PPACA’s future legal challenges and the Supreme Court’s recent decision in King v. Burwell, please read the attached article (pdf).
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