ACA Program Isn't An Improper Tax On States, 6th Circ. Says

Law360, New York (February 17, 2017, 10:55 PM EST) -- The Affordable Care Act’s reinsurance program doesn’t amount to an improper tax on states or violation of the Tenth Amendment, the Sixth Circuit ruled Friday, affirming an Ohio federal judge’s dismissal of the state’s lawsuit challenging the program.

The three-judge panel agreed with U.S. District Judge Algenon L. Marbley’s January 2016 order finding that the Transitional Reinsurance Program isn’t an overextension of federal power and that the government has authority to collect money from state and local governments as part of the program. The TRP is a lesser-known ACA provision that requires health insurers and group health plans to pay into...

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