Court Challenges to ACA, IOM Essential Benefits Report

Court Challenge to Affordable Care Act Moves Forward —The Obama Administration has decided not to ask the 11th Circuit Court of Appeals in Atlanta to hear a case questioning the constitutionality of the Affordable Care Act.  Earlier this year, a three member panel of the 11th Circuit ruled that congress overstepped their authority in passing the controversial health care legislation requiring nearly all Americans to obtain health insurance by a 2-1 margin.  The case is now likely to make its way to the United States Supreme Court at some point next summer, right in the middle of the Presidential election. 

Appeals Courts that have heard cases on the Affordable Care Act are split, with a Cincinnatti court upholding the law and Virginia and Atlanta ruling it unconstitutional.  Many speculate the Justice Department’s inaction on asking the 11th Circuit to rehear the case is an indication of the Administration’s confidence in the case being overturned and ruled constitutional by the Supreme Court. The next logical step is for the Obama Justice Department to ask the Supreme Court to hear the case.  MORE

IOM to Release Essential Benefits Report Next Week  The Institute of Medicine is likely to announce their recommendations to Department of Health and Human Services on “Essential Health Benefits Package” by October 7th.  The Essential Health Benefits Package is to be determined by HHS and will essentially be the minimum health insurance plan offered in state-based health exchanges beginning in 2014.  The inclusion of orthotics and prosthetics coverage in the essential health benefits package is critical to the future of O&P coverage in both private and public insurance plans.  MORE

Contact OPGA Government Relations for help contacting congress. Ask your congressional representatives to contact the Department of Health and Human Services with the message that orthotics and prosthetics are critical to providing choice to Americans with disabilities and other ailments that preclude them from living an otherwise normal life.

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