(December 13, 2010): A Federal Judge for the Eastern District of Virginia concluded that the provision of the recent Health Reform Law may be unconstitutional. that penalizes/taxes individuals who fail to purchase health insurance, violates the United States Constitution. In doing so, the Court reaches a different conclusion than two other Federal courts – one in Virginia and one in Michigan, that have concluded that the provision – frequently referred to as the individual mandate -- is valid and within Congress’ constitutional authority.
The Court, however, also realized that the final arbiter of the validity of the individual mandate and the health reform law – is likely to be the US Supreme Court. Moreover, the Court recognized that the specific provision of the Law at issue – the individual mandate – does not become effective until 2014, and therefore refrained from issuing an injunction. As a result, the decision is unlikely to have any impact on the implementation of the health care reform law at this time.
Liles Parker attorneys provide health law guidance and advice to health care providers around the country. Should you have questions regarding health care reform, please give Michael Cook us a call. He can be reached at: 1 (800) 475-1906.