If the Supreme Court rules that the individual mandate is unconstitutional, then the 'shared responsibility' provision of the law requiring employers to offer health coverage that satisfies the individual mandate should also be struck down, the American Benefits Council is arguing.
The council submitted an amicus curiae brief on the Patient Protection and Affordable Care Act to the U.S. Supreme Court.
"Virtually all public attention on this landmark case has focused on the central question of the individual mandate's constitutionality," says Council President James A. Klein. "But another critically important issue may need to be resolved as well: If the Court ultimately rules that the individual mandate is unconstitutional, it will need to decide whether all or some parts of the rest of the law are also invalid."
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The American Benefits Council contends that eliminating the individual mandate and other individual market changes without eliminating provisions that affect employers could lead to sharp increases in employers' benefits costs.
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