White House: mandate can be severed from PPACA

The Obama administration filed a brief with the U.S. Supreme Court arguing that the entire Patient Protection and Affordable Care Act should not be struck down if the court finds the individual insurance mandate unconstitutional. The brief claims that only two other provisions in the law would be affected by removal of the mandate -- one barring insurers from refusing to issue coverage because of a preexisting condition and a provision barring insurers from charging a higher premium based on medical history.

The administration said Congress directed that much of the act take effect several years before the mandate's effective date, which demonstrates that Congress intended those provisions to operate independently. The Supreme Court will hear challenges to the law on March 26-28 (see BioCentury Extra, Dec. 19, 2011). ...