The Supreme Court Upholds the ACA, with a Caveat About the Medicaid Expansion

Bottom line:  The individual mandate and all other provisions of the Accountable Care Act (with one exception, discussed below) were upheld by the Supremes, 5-4, as a tax, and not under the Commerce Clause (surprise!), with Chief Justice Roberts writing the majority opinion and the liberal wing of the court concurring (mostly).  The Medicaid expansion […]

SCOTUS on the ACA – The Supreme Court Rules on the Health Reform Law

The long-awaited decision is here. 5-4, upheld. Roberts with the majority, Kennedy dissents. Per SCOTUSblog: The money quote from the section on the mandate: Our precedent demonstrates that Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A need not be read to do more than […]

OCR Releases HIPAA Privacy and Security Audit Protocol

Having completed an initial 20 HIPAA privacy and security compliance audits since last fall, and with 95 additional audits in the pipeline, OCR has just released its HIPAA privacy and security audit protocol, together with information about the audit pilot program.  As always, information like this is extremely valuable to the regulated community.  Covered entities […]

The Supreme Court decision on the health reform law (has not yet been issued)

I am drowning in a deluge of blog posts, op-ed pieces, newspaper articles and more about the health reform decision that the Supremes have not yet announced. (And yes, I admit I was following the liveblogging from the Court Monday morning just in case, y'know, something happened.) In my unscientific survey sample, most pundits seem […]

Social Media Speaking Engagements – Live and on the Web

I'll be talking social media to lawyers of all stripes here in Boston, and to health care lawyers via the interwebs, over the next two weeks. For Massachusetts lawyers: Massachusetts Bar Association – LOMAP Super Marketing Conference II will be offered free of charge on Tuesday June 19 at the MBA. For health care lawyers […]