Ohio PHC Contractor Volume 2019 Issue 2

LEGALLY SPEAKING
AFFORDABLE CARE ACT
UNDER ATTACK – YET AGAIN!
The Trump Administration has just gone on the record
stating that the entire Affordable Care Act should
be struck down in a pending court case destined for
appeal – Texas v. United States. On December 14,
2018, a Federal District Judge ruled that because
Congress eliminated the penalty on individuals not having ACA
compliant healthcare coverage (the “individual mandate”), the
ACA “can no longer be sustained as a constitutional exercise
of Congress’ tax powers.” In 2012, the Supreme Court ruled that
the individual mandate was constitutional because of Congress’
power to tax. But, when the fine for not having insurance was
eliminated, there was no taxing basis to uphold the law.
BECAUSE HEALTHCARE IS
SUCH A VOLATILE ISSUE AND
CONGRESS IS SO DIVIDED ON
THE TOPIC, IT IS DOUBTFUL
THAT A LEGISLATIVE SOLUTION
WILL BE FOUND BEFORE THE
2020 ELECTIONS.
healthcare coverage to at
least 95 percent of full-time
employees and properly report
offers of coverage as elements
Bob Dunlevey - Taft Law
of compliance. For the 10
million individuals with expanded ACA Medicaid and the 11
plus million utilizing the ACA exchanges, coverage will go on
for now.
Those most familiar with the legal arguments advanced in
court by the coalition of 20 states believe that the decision will
be struck down by the Court of Appeals even though it is a very
conservative court. If this be true, the Trump Administration’s
appeal to the U.S. Supreme Court may not be accepted. But, if
the Court of Appeals somehow upholds the trial judge’s position
that the ACA is unconstitutional, the case will surely be heard
by the Supreme Court.
Because healthcare is such a volatile issue and Congress is so
divided on the topic, it is doubtful that a legislative solution
will be found before the 2020 elections. Watch for more
developments in the months to come, but don’t count on the
ACA being cast aside for now.
For further information, contact Bob Dunlevey, Board Certified
Specialist in Labor and Employment Law, at Taft/Law (937) 641-
1743 or email rdunlevey@taftlaw.com.
The Department of Justice
has just formally announced
that it supports the position of
the District Judge finding the
entire ACA unconstitutional
because if part of the ACA fails
then the rest of it should be
ruled invalid as well.
iStockphoto.com/designer491
The case is destined for the
Federal Fifth Circuit Court of
Appeals in New Orleans and
may see as a final destination
the U.S. Supreme Court. These
proceedings may take more
time than is left in President
Trump’s current term. In the
meantime, ObamaCare remains
in effect and both individuals
and employers need to comply.
Employers still have to offer
8 OHIO PHC CONTRACTOR • VOLUME 2019, ISSUE 2