SCOTUS RULING - Patient Protection and Affordable Care Care

SCOTUS RULING - Patient Protection and Affordable Care Care

 

 

 

 

Twenty-six States, serveral individuals, and the National Federation of Independent Business brought suit in Federal District Court, challenging the constitutionality of the individual mandate and the Medicaid expansion. The Court of Appeals for the Eleventh Circuit upheld the Medicaid expansion as a valid exercise of Congress's spending power, but concluded that Congress lacked authority to enact the individual mandate. Finding the mandate severable from the Act's other provisions, the Eleventh Circuit left the rest of the Act intact.... judgement is affirmed in part and reversed in part. 

CCHF Files Amicus Brief on Individual Mandate

CCHF Files Amicus Brief on Individual Mandate

Citizens' Council for Health Freedom has filed an Amicus ("Friend of the Court") Brief to the U.S. Supreme Court supporting the 26 states in the Florida lawsuit against Obamacare. The Brief specifically addresses the minimum coverage provision issue and the even more specifically provides reasons for why the Wickard vs Filburn decision (1942) should not be considered by the U.S. Supreme Court in making a decision on the constitutionality of the individual mandate. Press Release

Public Comment Request: Obamacare "Essential Health Benefits" Requirement

Public Comment Request: Obamacare 'Essential Health Benefits' Requirement
In early January, the state government requested public comments on the Obamacare "essential health benefits" requirement for individual and small group insurance policies. This provision of Obamacare again demonstrates the unconstitutional imposition of federal power on States beyond the enumerated powers allowed by the U.S. Constitution.   Read the request here.
 
 

Jonathan Emord's Bio

Jonathan Emord's Bio

 

 

Baby DNA Appeal Decision 2010

Because the testing of newborn blood is authorized by the newborn screening statute for public-health reasons, a party whose blood was collected, retained, used, or disseminated in accordance with that statute may not assert a separate tort action or constitutional claims of improper governmental taking or invasion of privacy for that conduct.

Bearder vs. State of Minnesota/MDH - Appellants Brief Filed

MN Dept of Health Response to 9-Family Appeal to MN Supreme Court

Federal Register notice, April 26, 2010

The Secretary’s Advisory Committee on Heritable Disorders in Newborns and Children (SACHDNC) was established under Section 1111 of the Public Health Service (PHS) Act, 42 U.S.C. 300b–10, as amended in the Newborn Screening Saves Lives Act of 2008 (Act). The SACHDNC is governed by the provisions of the Federal Advisory Committee Act (FACA), as amended (5 U.S.C. App.), which sets forth standards for the formation and use of advisory committees. The SACHDNC provides advice to the Secretary about aspects of newborn and childhood screening and technical information for the development of policies and priorities that will enhance the ability of the State and local health agencies to provide for newborn and child screening, counseling and health care services for newborns and children having or at risk for heritable disorders.

HHS Recommends Government Banking of Newborn DNA without Consent

This document is designed to review the issues facing state newborn screening programs related to the retention and use of residual newborn screening specimens. It will lay the foundation for developing national guidance to states in this area, and encourage an approach to future policymaking that enables residual specimens use to advance science and clinical care for newborns, children and their families. The core principles of protecting patient privacy, confidentiality and ensuring public trust are at the core of these recommendations.

CCHC Opposes Lack of Consent Requirements for Storing Baby DNA - Public Comments to HHS

HHS Request for Public Comments on “Considerations and Recommendations for National Guidance Regarding the Retention and Use of Residual Dried Blood Spot Specimens after Newborn Screening,” – a Briefing Paper issued April 26, 2010 by HHS through the Secretary’s Advisory Committee on Heritable Disorders in Newborns and Children.