Special Publication Announcement

This is the final HealthCheck of the year. We will resume publication in January when Congress is back in session. Enjoy the holidays.

Legislative and Regulatory Updates

A federal judge in Virginia ruled on Dec. 13 that it was unconstitutional for the new health care reform law to require individuals to purchase health insurance or pay a fine. U.S. District Court Judge Henry Hudson ruled that the mandate in the Affordable Care Act exceeds Congress' power to regulate interstate commerce. Hudson also ruled that the $695 fine for people who refuse to purchase coverage is a penalty and not a tax, and is therefore illegal. An appeal is expected. In Pensacola, Fla., U.S. District Judge C. Roger Vinson began hearing arguments yesterday in a related suit filed by 20 states.

The Equal Employment Opportunity Commission (EEOC) on Nov. 9 issued a final rule to implement Title II of the Genetic Information Nondiscrimination Act (GINA) (P.L. 110-233). Title II of GINA protects job applicants, current and former employees, labor union members, and apprentices and trainees from discrimination based on their genetic information.

The regulations, which go into effect Jan. 10, 2011, prohibit employers from using genetic information in making employment decisions (including health benefits). Employers are prohibited from obtaining genetic information on an individual by performing a search on the Internet or listening to third-party conversations with the intent of obtaining genetic information from an individual.

The District of Columbia's Department of Insurance, Securities, and Banking is seeking a Health Insurance Supervisory Actuary. Click here for information about the position and how to apply.

In The News/Media Activities

Academy Health Practice Council Vice President Tom Wildsmith was quoted in a feature story on genetic screening in the January 2011 issue of Reason Magazine. Wildsmith discussed the role of genetic information in the health insurance market. He said that even before the Genetic Information Nondiscrimination Act was signed into law, insurers were not using genetic information. Wildsmith said that the information was irrelevant in the group market. In the individual health insurance market, he said insurers are more concerned about near-term costs while genetic information tends to provide information about possible costs over the long term.

The Academy's concerns with the Community Living Assistance Services and Supports (CLASS) Act were cited in an opinion piece published in the Nov. 29 issue of National Review.

Upcoming Health Care Reform Events

Moving Our Health Care System Forward: Accountable Care Organizations and Beyond

Conference:	Dec. 20 in Washington (no fee)
Sponsor:	Center for American Progress

For a complete listing of upcoming and recent health care reform events click here.