The Court chose to consider four questions that could determine whether the law stands:

1. Is the consequence for not complying with the individual mandate a tax or penalty? If a tax, the Court cannot rule on the case until it is paid — in 2015.

2. Is the individual mandate unconstitutional? Can individuals be required to purchase health insurance or face fines for noncompliance?

3. If the individual mandate is ruled unconstitutional, is it severable from the rest of the law? Or does the entire law fall? Maybe it's just the individual mandate that falls, or the mandate plus guaranteed issue and community rating? That would force healthy individuals to subsidize the health-care costs of higher-risk consumers. Similarly, guaranteed issue world require insurers to approve coverage for all individuals.

4. Is the expansion of Medicaid, which would permit coverage for everyone with incomes of less than 133 percent of the federal poverty level, unconstitutional? If so, can it be stricken?

Severability would seriously affect restaurants. The reason: the Court chose not to directly consider the constitutionality of the employer mandate. For the employer mandate to fall, either the individual mandate or Medicaid expansion must be found unconstitutional and bring the rest of the law down with it.

This is the first in a series of blog posts on the healthcare law and the restaurant industry. The articles are written by Michelle Reinke Neblett, the National Restaurant Association's director of labor and workforce policy.For more information on the health care law, go to our Health Care Knowledge Center.


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Introduction to Restaurant Management, San Antonio
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Key Issues

Supreme Court Upholds the Patient Protection and Affordable Care Act
June 28, 2012 - The Supreme Court has held that the individual mandate provisions of the PPACA are constitutional. The Act imposes a tax penalty on individuals who elect not to purchase health insurance. Congress has broad taxing authority and the Court upheld this exercise of that power. The PPACA mandates that employers with 50 or more employees provide coverage or pay a penalty... [more]

Court Invalidates Ambush Election Rule
May 18, 2012 - A federal court this week nullified the National Labor Relations Board's ambush-election rule which would allow union representation elections to be held in as few as 10 days after the filing of a union petition...[more]

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Best Practices


TABC Certification: Protect Your Customers, Your Employees and Your Business with TABC To Go
July 5, 2012 - The Texas Restaurant Association created the first online alcohol seller/server certification program in the state of Texas back in the mid-1990s. Today, our TABC To Go program certifies more than 14,000 individuals each year on responsible alcohol service. TABC certification is a must for any restaurant owner’s risk management program. [more]

Cook Up a Safe Workplace for Teens
June 11, 2012 -Remember your first job? Were you nervous, afraid to ask questions and eager to make a good impression? Your teen workers feel the same way. Consequently, they are at increased risk of getting injured on the job. Here are some tips for instilling safe behaviors that will last teens a lifetime. [more]

Tips for Hiring Teens
May 22, 2102 - Classes are over, school is ending and graduation is near. It’s that time of year again when young adults hit the streets – looking for that summer paycheck. Are you prepared? [more]

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