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Affordable Care Act Update

A few days ago, I thought to myself "You should write an update on the ACA. Everyone always wants to know what is happening with the Affordable Care Act (ACA) because it's interesting and so are you." (I shared this thought with my wife, and she categorically disagreed.)

The most pressing question remains "will the ACA be repealed?", and the answer remains "maybe, but probably not." You may recall that a Texas District Court declared the ACA invalid in a December 2018 decision. The decision was appealed to the Fifth Circuit Court of Appeals, who has not yet decided the case (though most legal experts expect the decision to be reversed). The Department of Justice stated that it agrees with the Texas District Court's invalidation and will support it on appeal, but no word on what, if anything, would replace the ACA in the event it is invalidated.

Otherwise, a brief update on the ACA's penalties for failing to comply with the "employer shared responsibility mandate": the penalty for failing to offer coverage to full-time employees is increasing from $2,500 per full-time employee to $2,570 per full-time employee, and the penalty for failing to offer affordable coverage is increasing from $3,750 per full-time employee who receives subsidized coverage through a public exchange to $3,860.

Questions? Please contact Wessels Sherman Attorney Peter E. Hansen at (630) 377-1554, or email [email protected].

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