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Decision time looms

Benefits advisers may have better luck predicting winning lottery numbers than guessing how the Supreme Court will rule on the constitutionality of the individual mandate in health care reform.

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By Kathleen Koster
March 1, 2012

Two years after President Barack Obama signed the Patient Protection and Affordable Care Act into law, the U.S. Supreme Court this month will hear oral arguments on the constitutionality of the individual mandate that requires all individuals who can afford it to buy health insurance. The Court will also determine whether the Medicaid expansion is constitutional, which may affect employers with retiree health care plans. The majority of employers, however, are attuned to the Court's decision on the individual mandate and how much of the law will survive if that provision is found unconstitutional. Whatever the Supreme Court ultimately decides in U.S. Department of Health and Human Services v. Florida, here EBA outlines each potential ruling concerning the constitutionality of the individual mandate and how it affects plan sponsors and advisers alike.

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