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In This Issue

PPACA’s Expansion of Medicaid in Light of the Supreme Court’s Decision in National Federation of Independent Business – What Does the Future Hold? On June 28, 2012, the U.S. Supreme Court issued its much-anticipated decision in National Federation of Independent Business v. Sebelius, No. 11-393 (U.S. June 28, 2012). In a sharply divided opinion, a majority of the court upheld the constitutionality of the individual mandate to purchase “minimum essential” health insurance coverage in the Patient Protection and Affordable Care Act of 2010, as amended (PPACA) as a valid exercise of Congress’s taxing power.

Increase in HIPAA Enforcement Activity Continues and Spreads to States – Recent activity by the U.S. Department of Health and Human Services (HHS) signals a significant and sustained uptick in HIPAA enforcement and associated penalties. First, the agency has pursued random audits, the results of which it intends to use to build an ongoing audit program and protocol. That protocol will support HHS’s efforts to comply with the HITECH Act, which made such audits mandatory.

The Risks of Misclassification of Employees as Independent Contractors – The misclassification of employees as independent contractors creates significant risks to employers. Recently the US Department of Labor and the Internal Revenue Service have significantly increased their enforcement efforts in this area.

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