Health Payer Intelligence July 15, 2019
In the Affordable Care Act hearing on July 9, the defendants focused on TCJA to defend the bill’s constitutionality while the plaintiffs clarified the government’s position on a remedy.
As the 5th Circuit deliberates whether the Affordable Care Act is constitutional — particularly the severability of individual mandate to acquire essential coverage — here are some of the key arguments from each side.
Background
The debate revolves around the following line in the ACA: “An applicable individual shall for each month beginning after 2013 ensure that the individual, and any dependent of the individual who is an applicable individual, is covered under minimum essential coverage for such month.”
However, also significant are two legal cases: the National Federation of Independent...
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