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Health Care Reform Litigation Resource Center

 
 

— Updated as of April 8, 2013

The Health Care Reform Educational Task Force is pleased to present its new Health Care Reform Litigation Resource Center, which provides easy access to the key pleadings, briefs, opinions, and other documents filed in the lawsuits challenging the Patient Protection and Affordable Care Act (PPACA). The Resource Center offers one-stop access to: (1) the appellate briefs filed by litigants and interested parties with the U.S. Supreme Court; (2) the filings from legal challenges to PPACA which remain pending in the lower courts; and (3) third-party resources, such as the ACA Litigation Blog. The Task Force will be updating the Resource Center as the litigation challenging PPACA continues.

 

Resource Center Contributors

    Jeremy Earl, Esquire, McDermott Will & Emery LLP, Washington, DC
    Brian Stimson, Esquire, Alston & Bird LLP, Atlanta, GA


  1. Challenges to ACA at the U.S. Supreme Court
  2.  

    1. National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012) (upholding individual mandate under the taxing power)
    2.  

    3. Liberty University v. Geithner (No. 11-438, cert. granted and case remanded to the U.S. Court of Appeals for the Fourth Circuit on Nov. 26, 2012)
    4.  

    5. Hobby Lobby Stores, Inc. v. Sebelius, 133 S.Ct. 641 (2012) (denying application for injunction pending appellate review)
    6.  

    7. Cases in which the Supreme Court denied certiorari
    8.  

     

  3. Cases in Lower Courts Addressing Issues in Addition to the Individual Mandate
  4.  

    1. Physician Hospital of America v. Sebelius, Dkt. 11-40631 (5th Cir.) (challenging ACA Section 6001, which limits physician ownership of hospitals)
    2.  

    3. Coons v. Geithner, Dkt. 2:10-CV-1714 (D.Ariz) (challenging the constitutionality of the Independent Payment Advisory Board created by ACA and the individual mandate)
    4.  

    5. Ass'n of Am. Physicians & Surgeons v. Sebelius, Dkt. 1:10-CV-499 (D.D.C.) (challenging the employer mandate plus the following issues: (1) thte requirement that physicians participate in Medicare Part A to receive Social Security benefits; (2) the ability of the federal government to promulgate or enforce standards for health insurance; (3) the HHS interim final rule requiring providers to have an HHS-approved enrollment or opt-out record in PECOS in order to refer to Medicare Part B; (4) HHS' requirement that non-Medicare providers enroll with Medicare, to appear in PECOS, or to obtain an NPI; (6) HHS failure to submit an accounting on the solvency of Medicare and Social Security to the court)
    6.  

    7. Federal Exchange Premium Tax Credit Challenge
    8.  

    9. Medicaid Maintenance of Effort Litigation
    10.  

    11. Conscience Litigation
    12.  

     

  5. Additional PPACA Litigation Resources
  6.  

    1. ACA Litigation Blog
    2.  

    3. U.S. Supreme Court's PPACA litigation website
    4.  

    5. Bloomberg's Health Care at the High Court blog
    6.  

    7. CRS Report On ACA, Its Implementation, and Legal Challenges
    8.  

    9. CRS Summary of ACA Litigation Resources

     

     


    If you have any feedback on the PPACA Litigation Resource Center or have a submission for posting to be considered, please email the Practice Group staff.

    Disclaimer: This resource center compiles information on its topic and is intended to be useful for the practicing lawyer. You should, however, verify the accuracy and completeness of any research you conduct using the resource center before proceeding.

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