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Federal Court in Virginia Strikes Down Healthcare Reform Requirement for Individuals to Carry Health Insurance

By Amber McGraw Walsh on December 16, 2010
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Earlier this week,  Judge Henry Hudson of the United States District Court for the Eastern District of Virginia became the first judge to strike down as unconstitutional the Minimum Essential Coverage Provision of the healthcare reform law, which requires uninsured individuals to carry certain levels of health insurance. ‬‪ In Commonwealth of Virginia v. Sebelius, the court ruled that the insurance mandate provision of Section 1501 was unconstitutional because people not buying health insurance were not taking any action that Congress could regulate as interstate economic activity.‬ 

Although there is no savings provision in PPACA  providing that invalidation of one part of a law does not eradicate the entire law, in this case Judge Hudson ruled that Section 1501 is unconstitutional but did not invalidate the entire healthcare reform law.  The government is nearly certain to appeal the decision, and industry followers believe the Commonwealth of Virginia will then ask the Fourth Circuit Court of Appeals to reconsider the judge’s decision that only one part of the healthcare reform law is unconstitutional.  In the meantime, Judge Hudson’s invalidation of Section 1501 without striking down PPACA in its entirety may provide additional grounds on which challengers to other portions of PPACA may rely, including in the Physician Hospitals of America and Texas Spine & Joint Hospital challenge of Section 6001 regarding physician-owned hospitals we’ve previously discussed.

As of the date of the decision, two other federal courts had declared the Minimum Essential Coverage Provision constitutional, and similar cases are pending in a handful of other states.

Photo of Amber McGraw Walsh Amber McGraw Walsh

Amber Walsh is the former Chairwoman of McGuireWoods LLP’s Healthcare department, one of the largest healthcare practices in the United States. She is also a recognized leader in promoting the advancement of women in the private equity sector. Focusing her practice on corporate…

Amber Walsh is the former Chairwoman of McGuireWoods LLP’s Healthcare department, one of the largest healthcare practices in the United States. She is also a recognized leader in promoting the advancement of women in the private equity sector. Focusing her practice on corporate healthcare transactional work and regulatory matters, she represents healthcare providers such as hospitals, health systems, dialysis facilities, multi- and single-specialty medical practices, specialty hospitals, ambulatory surgery centers, and a variety of healthcare industry entrepreneurs, in sales and acquisitions, joint ventures, general corporate matters, contracting, securities, and regulatory matters.

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  • Posted in:
    Government and Public Policy, Health Care and Life Sciences
  • Blog:
    The Healthcare Investor
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

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