<img height="1" width="1" style="display:none;" alt="" src="https://dc.ads.linkedin.com/collect/?pid=118459&amp;fmt=gif">
Show all

Affordable Care Act Ruled Unconstitutional – But the Law Stands for Now

ACA Declared Unconstitutional

On Friday, December 14, 2018, a federal judge ruled that the entire Affordable Care Act (ACA) is unconstitutional. Last year, a change in the federal tax law eliminated or zeroed out the individual mandate penalty. The individual mandate penalty imposed a tax penalty on individuals who did not have acceptable health insurance coverage. Mandatory coverage was a core part of the original (ACA) law and the Supreme Court has upheld the ACA as constitutional based upon Congress’s taxing power.

Because the mandate has been zeroed out, it no longer generates revenue as a tax. The argument in the court is that since the mandate is essential to the law it cannot be separated from the ACA and it makes the entire ACA invalid.

Note that this ruling was a declaratory judgement, meaning that it is not binding or enforceable at this time. The ruling is expected to be appealed and the process could take as long as a year. For now, the White House announced that the ACA will remain in place until a final decision is made. All existing ACA provisions will continue to be applicable. The ruling doesn’t impact the 2019 Exchange enrollment, employer shared responsibility (pay or play) penalties, or related reporting requirements.

Download the bulletin for more details and stay tuned to our blog for future ACA updates.

 Discover five remedies public sector organizations have used to rein costs in. Download our FREE whitepaper!

Deadline Delayed for 2018 ACA Reporting
December 19, 2018
Health Insurance Literacy and its Impact on Your Bottom Line
December 19, 2018
Bill Enright

Bill Enright

Bill Enright, Director of Consulting Services for National Insurance Services, Inc. (NIS), coordinates and works with NIS’ Market Development Teams to enhance our full-service employee benefits capabilities. Bill’s expertise enables the NIS team to deliver customized, innovative employee benefits plans for schools, cities, towns, and counties. Bill is a 27+ year industry veteran with employee benefits expertise from insurance carrier to benefits consultant to Director of Consulting Services for NIS. He believes in bottom-line honesty while empowering NIS Consultants and customers with the knowledge they need to feel confident in their decisions. He has been published on the topic of healthcare reform and has served on advisory committees and insurance reform lobbying groups at the state and national level.