On August 6, 20 States and the National Federation of Independent Business (NFIB) filed an 81-page brief urging  the Florida Federal District Court to allow their constitutional challenge to the healthcare reform law to go forward for trial.  The brief was filed to oppose the 79-page memorandum filed by the Department of Justice (DOJ) on June 16 asking the court to dismiss the lawsuit on the basis that the states lacked standing to challenge the healthcare law; and that, in any event, Congress was well within its Commerce Clause authority when it included the provision mandating that individuals buy insurance or pay a penalty. Among other arguments, the states claimed they are “profoundly affected” by the healthcare reform law because it requires them to begin ramping up for implementation of the expanded Medicaid program and the state-based exchanges and incurring other planning and operational expenses. The states involved in the lawsuit are Florida, South Carolina, Nebraska, Texas, Utah, Louisiana, Michigan, Colorado, Pennsylvania, Washington, Idaho, South Dakota, Indiana, North Dakota, Mississippi, Arizona, Nevada, Georgia, and Alaska. A Federal District Court judge in Virginia refused August 2 to dismiss a similar lawsuit brought by the Virginia Attorney General finding a conflict between the Federal law and a directly opposing State statute.   

About Sam Fish

Sam Fish has over 40 years of legal experience in federal and state human services laws and programs, having joined PCG in 1995 after serving as Chief Counsel, Region I, for the U.S. Department of Health and Human Services for more than 25 years. At PCG, Sam provides legal advice and counsel and has served on many projects that required legal research and interpretation and implementation of many federal and state laws. He has also participated in in-house training in new litigation areas, including Temporary Assistance for Needy Families (TANF), the Balanced Budget Act (BBA), and the Health Insurance Portability and Accountability Act of 1996 (HIPAA). He is available for legal guidance in program areas including school-based billing, third-party liability, Olmstead implementation, and Medicare and Medicaid reimbursement. Currently, he is providing guidance and counsel in the interpretation and implementation of the new health care legislation.

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