On Tuesday, Sep 14, 2010, U.S. District Court Judge Roger Vinson said at the close of a two-hour hearing that he leaned toward denying the federal government's motion to dismiss a multi-state lawsuit challenging health care reform, on at least one count.  The judge stated that he plans to issue a complete ruling by October 14.  The announcement indicates that the judge would find that the 20 states bringing the lawsuit had standing to challenge at least one aspect of the health care law, most likely whether Congress had the constitutional right to require nearly all Americans to buy health insurance and impose increased costs upon the states in the Medicaid program.  The judge scheduled oral arguments to begin December 16 in Pensacola, Florida.  Regardless of the eventual outcome of the judge's ruling, legal experts expect the case to come before the U.S. Supreme Court. 

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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