Health Affairs August 13, 2024
On June 28, 2024, a janitorial service company in Texas filed a lawsuit challenging regulations issued by the Centers for Medicare & Medicaid Services (CMS) and penalties assessed related to the implementation of the Affordable Care Act’s (ACA) employer shared responsibility provisions. The case has been assigned to Judge Mark T. Pittman, a Trump appointee.
Over the years, the employer shared responsibility provisions (also referred to as the “employer mandate”) have faced various challenges in the courts, including unsuccessful constitutional claims. While it is fair to say that the legal and political animosity to the employer provisions never reached the same heights as the opposition to the individual shared responsibility provisions (also referred to as the “individual mandate”), the ACA’s...
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