May 31, 2011
In This Issue
House to Hold MLR Hearing with NAHU Witness
The Federal Pre-Existing Condition Insurance Plan (PCIP) Announces That It Will Start Paying Agents and Brokers
Budget Battle Still Dominates National Health Policy Discussion
Senator Hatch Introduces Legislation to Improve HSA Access and Expand Small Business Coverage Options
PPACA Constitutional Challenge Update
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PPACA Constitutional Challenge Update

Last week, the 11th Circuit Court of Appeals announced the panel that will be hearing the appeal case concerning the constitutional challenge to PPACA filed by 26 states and the National Federation of Independent Businesses (NFIB) later this spring. Two of the judges were nominated by Democratic presidents and one was nominated by a Republican president.

The federal government is asking the 11th Circuit to overturn Florida District Judge Roger Vinson’s decision in this case, which nullified the entire health reform law but allowed for its implementation during the appeals process. The multistate challenge is considered the highest profile PPACA case, and the one most likely to be decided by the Supreme Court. 

Eleventh Circuit Court of Appeals Chief Judge Joel Dubina, who was nominated by President George H.W. Bush, will hear the appeal, as will Judges Frank Hull and Stanley Marcus, who were both appointed by President Bill Clinton. Oral arguments are scheduled for this appeal on June 8 in Atlanta.

In other PPACA-challenge news, the 6th Circuit is slated to hear an appeal from the Thomas More Law Center on June 1. The three-judge panel scheduled to hear the case includes one judge appointed by President Carter, one appointed by President Reagan and a judge appointed by President George W. Bush.

The 4th Circuit Court heard appeals in challenges brought by both the Commonwealth of Virginia and Liberty University earlier in May, but has not arrived at a decision yet.

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