Health Care Reform Violates U.S. Constitution, CMS Rules Still Apply

The law’s requirement for most Americans to carry insurance is unconstitutional, and is not within Congress’ power to punish American citizens who do not comply.  That was the decision by Federal Judge Hudson.

Ken Cuccinelli, Virginia’s attorney general filed a law suit against the federal government on behalf of the State of Virginia.

It is important to note that health care reform legislation from the Obama administration is distinct and separate from CMS mandates pronounced in August 2008 for new health care standards such as a new way to send and receive claims data electronically (HIPAA X12 5010) and a new standard of coding medical diagnosis and medical procedures (ICD-10) still apply.   These requirements and others such as reimbursement incentives from CMS for HEDIS Five Star Quality Ratings are still in effect.

Michael F. Arrigo

Michael is Managing Partner & CEO of No World Borders, a leading healthcare management and IT consulting firm. He serves as an expert witness in Federal and State Court and was recently ruled as an expert by a 9th Circuit Federal Judge. He serves as a patent expert witness on intellectual property disputes, both as a Technical Expert and a Damages expert. He leads a team that provides Cybersecurity best practices for healthcare clients, ICD-10 Consulting, Meaningful Use of Electronic Health Records. He advises legal teams as an expert witness in HIPAA Privacy and Security, medical coding and billing and usual and customary cost of care, the Affordable Care Act and benefits enrollment, white collar crime, False Claims Act, Anti-Kickback, Stark Law, Insurance Fraud, payor-provider disputes, and consults to venture capital and private equity firms on mHealth, Cloud Computing in Healthcare, and Software as a Service. He advises self-insured employers on cost of care and regulations. Arrigo was recently retained by the U.S. Department of Justice (DOJ) regarding a significant false claims act investigation. He has provided opinions on over $1 billion in health care claims and due diligence on over $8 billion in healthcare mergers and acquisitions. Education: UC Irvine - Economics and Computer Science, University of Southern California - Business, studies at Stanford Medical School - Biomedical Informatics, studies at Harvard Medical School - Bioethics. Trained in over 10 medical specialties in medical billing and coding. Trained by U.S. Patent and Trademark Office (USPTO) and PTAB Judges on patent statutes, rules and case law (as a non-attorney to better advise clients on Technical and Damages aspects of patent construction and claims). Mr. Arrigo has been quoted in the Wall Street Journal, New York Times, and National Public Radio.

Leave a Reply