Monthly Archives: January 2019

Court Orders Stay of Order Declaring Individual Mandate Unconstitutional and Inseverable

Posted by Robert A. Chu on January 03, 2019
ACA / No Comments

affordable care actWe previously reported that District Court Judge Reed O’Connor of the Northern District of Texas declared on December 14, 2018 (1) that the Affordable Care Act’s (ACA) individual mandate is unconstitutional and (2) that the remaining provisions of the ACA are “inseverable” and therefore invalid.

Following the Order, commenters largely believed that the Order had no immediate effect.  Supporting this view, the U.S. Department of Health and Human Services (HHS) said that the Order does not have any impact on 2019 enrollment or coverage and that the Order does not have any immediate effect on its enforcement of any portion of the ACA.  Continue reading…

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