Autism Society: National Statement of the Autism Society on Affordable Care Act Ruling

BETHESDA, Maryland, Dec. 20 -- The Autism Society of America issued the following news release:

On December 18, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled 2-1 that part of the Affordable Care Act -- requiring people to buy health insurance or pay a penalty -- is unconstitutional now that Congress has eliminated the tax penalty that was intended to enforce it. The court said that the "individual mandate" is unconstitutional because it can no longer be considered a tax.

However, the court did not decide whether this meant the whole law has to fall. Instead, it sent the case back to a federal district court for a closer look at whether the provision can be "severed" from the rest of the law. For now, therefore, consumers will not be affected by the court's ruling.

The result of the ruling is that the ultimate fate of the Affordable Care Act is unclear. This includes protections for those with pre-existing conditions, Medicaid expansion, a ban on lifetime caps, subsidies, coverage for preventative health, and many other patient protections contained in the law.

"The appeals court ruling is unfortunate, but it did not strike down the entire law, as had been feared," stated Scott Badesch, President and CEO of the Autism Society of America.. "Nothing will change while the case is being reconsidered at the district court or appealed to the Supreme Court. In the meantime, those who believe strongly in the improvements the Affordable Care Act has made to America's health-care system will have time to make their views known."

The Autism Society of America is the nation's largest and oldest national organization representing people with autism and their families. The Autism Society of America will be monitoring this case closely.