The ACA Still Has Its Day in Court, Now Over Subsidies


Mark Trapp, a Member of the Firm in the Labor and Employment and Litigation practices, in the Chicago office, and Adam Solander, an Associate in the Health Care and Life Sciences practice, in the Washington, DC, office, wrote an article titled "The ACA Still Has Its Day in Court, Now Over Subsidies." (Read the full version – subscription required.)

Following is an excerpt:

Challenges to the government's health care reform implementation continue to make their way through federal courts, with rulings expected shortly. Employers are especially advised to monitor challenges to the federal regulations that authorized the federally facilitated exchanges ("FFEs") to distribute tax credits and copayment subsidies (collectively, subsidies) to eligible persons.

By way of background, it was nearly two years ago when the U.S. Supreme Court ruled that the individual mandate at the heart of the Affordable Care Act could be construed as a tax, despite violating the Commerce Clause of the Constitution.