government

Appeals court rejects doctor's lawsuit against health reform law

NEWS IN BRIEF — Posted Aug. 15, 2011

Print  |   Email  |   Respond  |   Reprints  |   Like Facebook  |   Share Twitter  |   Tweet Linkedin

A U.S. appeals court has blocked a challenge by a New Jersey physician and one of his patients against the health system reform law.

Cardiologist Mario A. Criscito, MD, and a patient sued the government in 2010, alleging that the reform law, particularly the individual insurance mandate, violated their Fifth Amendment rights. The individual mandate requires citizens to obtain health insurance coverage by 2014 or face a penalty. Dr. Criscito argued in court documents that the mandate "will have a direct, substantial impact" on his practice and the manner in which he seeks payment for his services.

The 3rd U.S. Circuit Court of Appeals ruled Aug. 3 that the doctor and patient failed to show how they would be "imminently" harmed by the law. The appeals court upheld a lower court's decision denying the suit from moving forward.

Dr. Criscito's lawsuit is one of more than a dozen across the country challenging the health reform law. Most have been dismissed. Judges in Florida and Virginia have ruled the law, or portions of it, unconstitutional.

Note: This item originally appeared at http://www.ama-assn.org/amednews/2011/08/15/gvbf0815.htm.

Back to top


ADVERTISEMENT

ADVERTISE HERE


Featured
Read story

Confronting bias against obese patients

Medical educators are starting to raise awareness about how weight-related stigma can impair patient-physician communication and the treatment of obesity. Read story


Read story

Goodbye

American Medical News is ceasing publication after 55 years of serving physicians by keeping them informed of their rapidly changing profession. Read story


Read story

Policing medical practice employees after work

Doctors can try to regulate staff actions outside the office, but they must watch what they try to stamp out and how they do it. Read story


Read story

Diabetes prevention: Set on a course for lifestyle change

The YMCA's evidence-based program is helping prediabetic patients eat right, get active and lose weight. Read story


Read story

Medicaid's muddled preventive care picture

The health system reform law promises no-cost coverage of a lengthy list of screenings and other prevention services, but some beneficiaries still might miss out. Read story


Read story

How to get tax breaks for your medical practice

Federal, state and local governments offer doctors incentives because practices are recognized as economic engines. But physicians must know how and where to find them. Read story


Read story

Advance pay ACOs: A down payment on Medicare's future

Accountable care organizations that pay doctors up-front bring practice improvements, but it's unclear yet if program actuaries will see a return on investment. Read story


Read story

Physician liability: Your team, your legal risk

When health care team members drop the ball, it's often doctors who end up in court. How can physicians improve such care and avoid risks? Read story

  • Stay informed
  • Twitter
  • Facebook
  • RSS
  • LinkedIn