The case is National Federation of Independent Business v. Sebelius, decided today. In a nutshell, in this case the Supreme Court upheld the 2010 Patient Protection and Affordable Care Act (the “Act”), including the provisions requiring individuals to purchase health insurance. As a very narrow exception to upholding the Act, the Court held it would be unconstitutional for Congress to take away state funding for Medicaid-as permitted by the Act- if the state did not participate in a program established under the Act. More on the case and its implications later.
Published By Stanley D. Baum, New York ERISA attorney, Of Counsel at Cary Kane LLP Handling matters in ERISA, employee benefits, disability, and employment law for employers, individuals and unions.