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February 21. 2012 11:00AM - Last modified: February 21. 2012 11:46AM

Pa. chamber involved in federal health care challenge

By Jason Scott

The Pennsylvania Chamber of Business and Industry, the commonwealth's largest broad-based business association, will be at least one of 15 business organizations from across the nation challenging the constitutionality of the federal Patient Protection and Affordable Care Act next month.


The U.S. Supreme Court is slated to hear oral arguments March 26-28 in the case challenging the health care reform act.

The chamber last week filed an amicus brief in that case, which is U.S. Department of Health and Human Services, et al v. the State of Florida, et al.

"With so much uncertainty facing employers and their employees with regard to the implementation of the federal health care law, it is absolutely necessary that the court rules on constitutionality as soon as possible," chamber President Gene Barr said.

Signed by President Barack Obama in 2010, the law is scheduled to be fully implemented by 2014, unless overturned.

Barr said lingering questions about whether the law itself or some of its provisions — the individual insurance mandate, in particular — are constitutional is adding to the confusion confronting employers about what will be required of them and what it will cost.

Eighty-eight percent of employers polled by the chamber for its 2011 Pennsylvania Economic Survey reported being "somewhat" or "not at all" familiar with the provisions of health care reform law.

Additionally, 55 percent listed controlling health care costs as a top legislative priority, marking the third consecutive year that more than 50 percent of employers reported the need to address rising health care insurance costs as a top priority.

"Until the issue of constitutionality is decided and employers have a clear picture of the health care landscape, they may be reluctant to add to their workforce," Barr said. "The last thing our economy needs is another reason for private-sector employers to hold off on making hiring decisions, in this case because of ongoing questions over a major government policy change."

The brief argues that the U.S. Anti-Injunction Act does not bar the Supreme Court from ruling on the constitutionality of the individual insurance mandate at the center of the federal health care law. The chamber also said it believes delaying a ruling will create a costly and harmful burden on business.


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