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Health Law Scan

Legal Insights and Perspectives for the Healthcare Industry

In this LawFlash, Morgan Lewis healthcare industry partner Susan Feigin Harris analyzes the December 18, 2019, decision by the US Court of Appeals for the Fifth Circuit in Texas v. Azar and concludes that it “portends potential chaos in health insurance coverage and puts the future of the entire Patient Protection and Affordable Care Act (ACA) in limbo.” Harris retraces the individual mandate’s road to the Fifth Circuit, unpacks the court’s “confusing” decision, and discusses the severability analysis “that the entire viability of the ACA now resides.” Noting that “[f]or now, the decision appears to have little day-to-day impact,” Harris expects that it “may be many months or even years before the issues remanded to the district court are resolved."

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