Garrett Fenton Comments on Health Reform-Related Taxes in Bloomberg BNA

Analysts: Some Health Reform-Related Taxes May Remain Even if Law Overturned
Bloomberg BNA
06.26.12Garrett Fenton comments on health reform-related taxes that are part of the Patient Protection and Affordable Care Act (PPACA). Unclear is how the U.S. Supreme Court will deal with tax provisions when they rule on the constitutionality of PPACA on June 28. "It depends how they interpret the reconciliation bill," Fenton said, adding that if there is a view that the revenue-raising tax provisions of the reconciliation bill are an integral part of the health reform law, then they could all be stripped out if PPACA is struck down. He said there are also several education provisions in the reconciliation bill, so it is not a guarantee that the reconciliation bill would be struck down in its entirety even if PPACA were. "The reconciliation bill was rarely mentioned in the arguments and there was not much distinction in the arguments between the two bills," Fenton said, "so given that [the taxes in the reconciliation bill] weren't addressed, it's hard to say what will happen."
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