NAPH and Other Provider Groups File Amicus Brief in Support of Health Reform - November 30, 2010

On Nov. 19, NAPH joined a number of hospital and provider associations in submitting an amici curiae brief supporting the Federal government’s position in the case State of Florida v. U.S. Department of Health and Human Services. The case, currently in front of the U.S. District Court for the Northern District of Florida Pensacola Division, involves Florida’s challenge to certain portions of the Affordable Care Act (ACA). The brief in particular focused on two issues:

• First, it rejected Florida’s argument that the ACA is unconstitutional because it would regulate “inactivity,” noting virtually all Americans – whether or not they have insurance – eventually obtain some form of health care and thus are involved in economic activity that may be regulated.
  
• Second, the brief argued that the ACA did not amount to “coercion” of states by the federal government, and that not only is there precedent for Medicaid policy changes like those under ACA, but to find otherwise would essentially prohibit Congress from ever making future policy changes to Medicaid.

The Nov. 3 issue of Newsline included mention of NAPH’s intention to sign on to an amicus brief being spearheaded by the National Health Law Program. NAPH legal counsel was later informed that the judge would prefer organizations to support only one amicus brief. NAPH chose to join the hospital and provider brief filed on Nov. 19.