Lexology December 31, 2019
Vorys Sater Seymour and Pease LLP

Fifth Circuit Decision in Texas v. U.S.

On December 18, 2019, the U.S. Court of Appeals for the Fifth Circuit held in Texas v. U.S. that the provision in the Affordable Care Act (ACA) that requires individuals to maintain health insurance or pay a “shared responsibility payment” (i.e., the individual mandate) is unconstitutional. The Fifth Circuit found that the central attributes that once saved the individual mandate as a valid exercise of Congress’ taxing authority no longer existed after Congress set the shared responsibility payment to zero effective January 1, 2019.

The Fifth Circuit stopped short of upholding the lower court’s decision declaring the ACA unconstitutional in its entirety. Instead, the Fifth Circuit remanded the case to the district court...

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Topics: ACA (Affordable Care Act), CMS, Congress / White House, Govt Agencies, Insurance, Patient / Consumer, Payer, Provider, Public Exchange, Regulations
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