Affordable Care Act Upheld — Again

Affordable Care Act Upheld — Again

In a 7-2 decision, the U.S. Supreme Court upheld, again, the Affordable Care Act. Texas and other states had sued to overturn it. The court's opinion, written by Justice Stephen Breyer, said that plaintiffs had argued that without the noncompliance penalty, which had been stripped from the act, the entire law was unconstitutional.

But Breyer wrote, "Plaintiffs do not have standing to challenge §5000A(a)’s minimum essential coverage provision because they have not shown a past or future injury fairly traceable to defendants’ conduct enforcing the specific statutory provision they attack as unconstitutional." Whether the argument held up was not even discussed: "We proceed no further than standing."

Concurring with Breyer were Justices John G. Roberts Jr., Sonia Sotomayor, Elena Kagan, Brett M. Kavanaugh and Amy Coney Barrett. Justice Clarence Thomas also concurred, writing his own opinion. Justice Samuel A. Alito wrote a dissenting opinion, in which Justice Neil M. Gorsuch joined.

The entire decision, with dissenting and concurring opinions, runs over 50 pages. Further analysis is available from the SCOTUSblog.

However, commentary from the Society for Human Resource Management summed it up in one sentence: "Employers should note that the health care law remains fully in effect, including all coverage obligations and reporting requirements."

The ACA Hits a Record

In a release issued earlier this month, the U.S. Department of Health and Human Services announced a new report showing 31 million Americans have health coverage through the ACA, which the HHS says is a record. "The report also shows that there have been reductions in uninsurance rates in every state in the country since the law’s coverage expansions took effect. People served by the health Marketplaces and Medicaid expansion have reached record highs."

Copy Rights 2021

 

Our firm provides the information in this e-newsletter for general guidance only, and does not constitute the provision of legal advice, tax advice, accounting services, investment advice, or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal, or other competent advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation. The information is provided "as is," with no assurance or guarantee of completeness, accuracy, or timeliness of the information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose.

Copyright © 2018 IndustryNewsletters. All rights reserved.

Other Blog Articles

2nd Round of PPP Loans

SBA wants to prioritize loans to minority and disadvantaged firms with its first tranche of

Colorado Required Public Health Emergency Leave

The Healthy Families and Workplace Act (HWFA) – Public Health Emergency Leave

Additional 80 hours of paid leave during a pandemic

Colorado Required Sick Leave - 48 Hours

The Healthy Families and Workplace Act (HWFA) – Paid Sick and Safe Time (PSST)

48 hours of paid leave for Colorado employees

COVID-19 NEWSLETTER: Expansion into 2021

Details of COVID relief and legislation expansion into 2021 have been released. 

Pages

How can we help?

Let Autopaychecks provide you with a single solution to manage Payroll, Human Resources, Time Tracking and Employee Benefits.

Phone: 970-245-4244
Email: info@autopaychecks.com

Autopaychecks, Inc.

Providing payroll, human resources, time tracking and benefits solutions for small-to-mid-sized companies.

iSolved Solutions from Autopaychecks

Connect with Us