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Supreme Court to Hold Oral Arguments on Certain Republican States’ Challenge to the ACA on November 10

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By Jeff Wurzburg (US) on August 19, 2020

The U.S. Supreme Court will hear oral arguments on certain red states’ challenge to the Affordable Care Act on November 10, one week after the November 3 presidential election, according to the court’s online docket released on Wednesday, August 19. …

U.S. Fifth Circuit Court of Appeals affirms the ACA’s individual mandate penalty is unconstitutional and remands the case to the lower court to examine severability

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By Jeff Wurzburg (US) on December 19, 2019

On Wednesday, December 18, 2019, the U.S. Court of Appeals for the Fifth Circuit held in Texas v. Azar that the Affordable Care Act’s (ACA) individual mandate is unconstitutional and remanded the case to the lower court for further review.…

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Judge declares ACA unconstitutional

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By Jeff Wurzburg (US) on December 17, 2018

On Friday, December 14, Judge Reed O’Connor of the Federal District Court in the Northern District of Texas issued a declaratory judgment holding the shared responsibility provision (also referred to as the “Individual Mandate”), and with it, the entire Affordable…

Department of Justice will not defend ACA individual mandate

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By Jeff Wurzburg (US) on June 11, 2018

The Department of Justice (DOJ) announced on June 7, 2018 that it will no longer defend the constitutionality of section 5000A of the Affordable Care Act (ACA), a.k.a. the individual mandate.  DOJ announced its policy change in a three page…

Senate tax bill would effectively repeal ACA individual mandate; House legislation to reverse 340B Drug Discount Program cuts; CMS addresses prescription drug costs and the opioid crisis

Posted on November 20, 2017

On November 14, Senate Finance Committee Chairman Orrin Hatch (R-UT) released the Chairman’s Mark to the Senate version of the Tax Cuts and Jobs Act. Hatch’s version of the tax plan effectively repeals the Affordable Care Act (ACA) individual mandate…

U.S. Senate health care reform legislation if enacted into law will make significant changes to the Affordable Care Act

Posted on June 23, 2017

U.S. Senate Republican leadership yesterday released its draft health care reform legislation entitled the “Better Care Reconciliation Act of 2017.”

The Senate legislation would retain two key provisions of the Affordable Care Act (ACA):  (i) insurers are prohibited…

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