Patient Protection and Affordable Care Act (PPACA) in the Courts
On Thursday June 28, 2012 the US Supreme Court upheld the constitutionality of the Patient Protection and Affordable Care Act in 5-4 ruling(777 KB). The lawsuit that made its way to the Supreme Court,Florida V. Sebelius, was first filed on Mar. 23, 2010.
Shown below are 23 additional lawsuits that were filed against the PPACA after its passage. 21 of the 24 cases had challenged the PPACA requirement that individuals must purchase health insurance. Other constitutional challenges to the PPACA involved the fine for not purchasing insurance, the federal authority to force states to implement health policy, financial disclosure rules for doctors, and the various changes made to the Medicare and Medicaid systems.
Supreme Court Decision:
1
PPACA found to be constitutional (5-4) in the case of Florida v. Sebelius
Other Cases:
1
case found that the PPACA violated the constitution
2
other cases that found the PPACA did not violate the constitution
6
cases are no longer active (lawsuit withdrawn by plaintiff or dismissed for procedural issues without an appeal)
14
cases pending initial decision or appealing a dismissal for procedural issues
Date Filed (District)
Case Name (click case name to read full text of complaint in PDF format )
Insurance mandate; Penalty for not aquiring insurance; Potential funding of abortion; Employer insurance requirements
On Sep. 8, 2011 the US Court of Appeals for the 4th Circuit dismissed the lawsuit for lack of standing. This decision will be appealed. Previously, on Nov. 30, 2010, a lower court judge had dismissed plaintiffs' lawsuit and ruled that the insurance mandate is constitutional.
On Sep. 8, 2011 the US Court of Appeals for the 4th Circuit dismissed the lawsuit for lack of standing. This decision will be appealed. Previously, on Apr. 25, 2011 the United States Supreme Court unanimously rejected a petition from Virginia's Attorney General Ken Cuccinelli to bypass the 4th Circuit appeals court and have the Supreme Court immediately hear his challenge to the constitutionality of the PPACA. On Dec. 13, 2010, a judge ruled that the insurance mandate was unconstitutional. The decision was appealed to the 4th US Circuit Court of Appeals.
On June 29, 2011 a three-judge panel of the US Court of Appeals for the 6th Circuit ruled (2-1) to uphold the Oct. 7, 2010 decision of the lower court finding that the insurance mandate of the PPACA is constitutional and does not violate the Commerce Clause.
Insurance mandate; Penalty for not aquiring insurance; Medicaid expansion
On Thursday June 28, 2012 the US Supreme Court upheld the constitutionality of the Patient Protection and Affordable Care Act in its 5-4 ruling.
Previously, on Nov. 14, 2011, the United States Supreme Court had agreed to decide whether or not the PPACA is constitutional, granting a petition for writ of certiorari submitted by the Department of Health and Human Services in Sep. 2011. On Aug. 12, 2011 a three-judge panel of the US Court of Appeals for the 11th Circuit ruled (2-1) to uphold a Jan. 31, 2011 decision of the lower court finding that the insurance mandate of the PPACA is unconstitutional and violates article I of the Constitution, the Commerce Clause, and the Necessary and Proper Clause.
Provision that prohibits new doctor investment in hospitals that take Medicare patients & requires doctors to disclose any financial connections with hospitals to patients they refer
On Mar. 31, 2011, judge granted defendant's motion for summary judgement and ruled that the provision concerning doctor investments and financial disclosure is constitutional.
On Nov. 8, 2011 a three-judge panel of the US Court of Appeals for the DC Circuit ruled (2-1) that the insurance mandate of the PPACA is constitutional. Previously, on Feb. 22, 2011, a lower court judge had dismissed plaintiffs' lawsuit and ruled that the insurance mandate is constitutional. Pl
Insurance mandate; Medicaide expansion; Payment changes for Medicare; Federal treatment recommendation panels; State worker health insurance requirements
Awaiting government response (as of Dec. 13, 2010).
Insurance mandate; Penalty for not aquiring insurance; Medical privacy; Medicaid expansion; Health insurance exchanges; Independent Medicare payment advisory board
Ruling pending on motion for injunction to block implementation of Medicare advisory board (as of Dec. 13, 2010).
. The lawsuit that made its way to the Supreme Court,