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Kind of Halbig Deal

July 22, 2014

Authors

Chris Rylands

Kind of Halbig Deal

July 22, 2014

by: Chris Rylands

You may have heard about the potentially crippling blow to ACAMoney Puzzle (as some have described) dealt by a three-judge panel of the D.C. Circuit Court of Appeals today in Halbig v. Burwell.  Basically, a group of individuals and employers challenged the IRS rule that allowed tax credits to help pay for individual coverage through federally-run ACA marketplaces.  Their argument was that the literal reading of the statute only allowed these subsidies for individual policies purchased through state-run marketplaces.

At first blush, this might not sound all that important to employers, but it very well could be.  If this ruling holds, then it would undercut the ability of the IRS to impose the employer shared responsibility/“play or pay” penalties.

Recall

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D.C. Circuit Rules that Secular Organization Owners Have Right to Challenge Contraceptive Mandate

November 12, 2013

Authors

benefitsbclp

D.C. Circuit Rules that Secular Organization Owners Have Right to Challenge Contraceptive Mandate

November 12, 2013

by: benefitsbclp

On the first of this month, the D.C. Court of Appeals issued, sua sponte, an order granting the owners of two secular, for-profit corporations temporary reprieve to challenge the validity of the PPACA provision which requires coverage of preventive care – including FDA-approved contraceptive drugs, devices and related services – with no cost sharing (Gilardi v. HHS, D.C. Cir., No. 13-5069, 11/1/13).  The owners of the two closely-held companies in Gilardi adhere to the Catholic faith and, based on their religious beliefs, oppose contraception, sterilization, and abortion.

Given PPACA’s apparent requirement to provide coverage in contravention to their religious beliefs or, in the alternative, pay potentially significant penalties for failing to provide compliant coverage as required under PPACA, the owners and their two companies filed suit in district court.  Their suit alleged the mandated coverage of contraceptive drugs, devices and services violated their rights under the

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