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AAMC, Hospital Groups File Amicus Brief on ACA

January 13, 2011—The AAMC Jan. 6 joined the American Hospital Association, the Federation of American Hospitals, and the National Association of Public Hospitals and Health Systems in an amicus brief filed with the Supreme Court on the first of several issues set for argument on the Affordable Care Act (ACA, P.L. 111-148 and P.L. 111-152).

The brief addresses “severability,” an issue the Court will reach only if it first rules that the individual mandate exceeds Congress's enumerated powers. The brief argues that the Court need not reach the severability question at all, because it should affirm the constitutionality of the individual mandate.  If the individual mandate is struck down, the brief argues that the Disproportionate Share Hospital reductions, readmissions program, and productivity and market-basket adjustments, which are inextricably intertwined with the individual mandate, should fall as well.

In the coming month, the AAMC expects to join amicus briefs filed on the individual mandate itself and the Act’s Medicaid provisions.   Oral argument is scheduled for March 26-28.


Ivy Baer, J.D., M.P.H.
Senior Director and Regulatory Counsel
Telephone: 202-828-0499


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Washington Highlights, a weekly electronic newsletter, features brief updates on the latest legislative and regulatory activities affecting medical schools and teaching hospitals.

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Jason Kleinman
Sr. Legislative Analyst, Govt. Relations
Telephone: 202-903-0806