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As we all know, the definition of “Health Law” varies depending upon what your area of practice happens to be – or what case you are working on this week! In any event, it is a dynamic area of the law, and the ABA Health Law Section continues to evolve to meet the needs of its members by adding new interest groups and task forces where we see a need.
A week after President Obama signed the Patient Protection and Affordable Care Act ("PPACA") into law, Congress passed the Health Care and Education Reconciliation Act of 2010 ("HCERA") providing, among other things, additional tax revenue.
The medical device excise tax (the “MDET”) was enacted as part of the Health Care and Education Reconciliation Act of 2010, which modified the Patient Protection and Affordable Care Act. Contained in section 4191 of the Internal Revenue Code (the “Code”), the MDET imposes a 2.3 percent manufacturer’s excise tax on the sale of certain medical devices after December 31, 2012. The Internal Revenue Service (the “IRS”) issued final regulations providing guidance on the tax and a notice offering certain administrative rules of convenience in December of 2012.
“The condition of perfect public health requires such laws and regulations, as will secure to man associated in society, the same sanitary enjoyments that he would have as an isolated individual; and as will protect him from injury from any influences connected with his locality, his dwelling-house, his occupation, or those of his associates or neighbors, or from any other social causes. It is under the control of public authority, and public administration; and life and health may be saved or lost, and they are actually saved or lost, as this authority is wisely or unwisely exercised.”