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SMALL BUSINESS NEWS

28 Oct 2013

 

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ACA Subsidies Delima May Derail Obamacare & Impact Small Businesses

A case broght by businesses is challenging the subsidies program for the Affordable Care Act (ACA).  The case claims that the ACA allows insurance subsidies in state-run exchanges but not for federally run exchanges.  They claim that the Obama administration wants to provide subsidies to individuals signing up through the state-run exchanges as well as the federally run exchanges in contradiction to the ACA law.

The awarding of subsidies is scheduled to begin January 1, 2014. 

A District of Columbia federal judge ruled that the lawsuite can go forward.  The judge decided not to block the Subsidies while the case moves forward.  If the Plaintiffs prevail individuals in 34 states will not get subsidized health care.  This could have negative implications for the whole program.

“According to the Affordable Care Act's Section 1401, subsidies in the form of tax credits are available to individuals who "enrolled in through an Exchange established by the State under 1311 of the Patient Protection and Affordable Care Act." Section 1311 defines an Exchange as "a governmental agency or nonprofit entity that is established by a State." Of course, in Section 1322 the law gives the federal government power to create exchanges in states that fail to or elect not to establish exchanges.”

See more ACA news.

Sources:
Halbig v. Sebelius


By Jack River

 

 

 

 

 

 

 

 

 

 
 

 

  
 

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