Apples From Applesauce? Implications of the Supreme Court's Ruling on Obamacare

by JD Supra Perspectives
Contact

One wonders whether there will ever be another Supreme Court opinion that uses the word “Applesauce” as a sentence. - Robert Projansky, Proskauer

We asked attorneys writing on JD Supra to provide their First Glance perspectives on the U.S. Supreme Court’s King v. Burwell decision, seen by many as a decisive victory for President Obama’s Affordable Care Act. Here is what we heard back:

A future administration could have a very difficult time issuing different premium tax credit regulations...

Tom Christina, a shareholder in the Employee Benefits Practice Group of Ogletree Deakins: “The primary significance of the decision is that it interprets the statute to provide for premium assistance tax credits in every state where HHS has established an Exchange, rather than merely upholding the IRS regulation that permits the allowance of premium assistance tax credits in states where HHS’s Exchange operates. That means that a future administration could have a very difficult time issuing different premium tax credit regulations.”

If a large employer was holding out hope that this decision would signal the early demise of the Pay or Play penalty, measurement periods, and Forms 1095 and 1096 versions A, B, and C, it’s time to get caught up...

Katelyn Winslow, associate in the Atlanta office of law firm FordHarrison: “The Supreme Court’s decision today in King v Burwell is a major victory for proponents of the ACA—the statute and its resulting compliance requirements are here to stay. So if a large employer was holding out hope that this decision would signal the early demise of the Pay or Play penalty, measurement periods, and Forms 1095 and 1096 versions A, B, and C, it’s time to get caught up.

While the debate surrounding the ACA is far from over, the Court went to great lengths, for at least the second time, to ensure its implementation continues nationwide. Large employers that have already established the required measuring and reporting procedures may continue work as usual, while the dissent not so quietly ruminates on the ‘[i]mpossible possibility’ that the ACA, or should we say ‘SCOTUSCare,’ endures.”

Standing alone, the implications are minimal...

Robert Projansky, partner at Proskauer in New York and head of the firm’s Health Care Reform Task Force: “The implications of the King decision are significant in the sense that a contrary decision would have had a significant impact on the implementation of ACA, placing pressure on states and the federal government to consider further action. However, standing alone, the implications are minimal.  For the time being, the ACA will move forward, individuals throughout the country will remain eligible for premium assistance and employers will remain subject to the employer mandate.”

Additional comments:

Employers and plan sponsors should continue their efforts to both understand the application of the ACA (and the employer mandate in particular)...

Sarah Kregor and Daniel R Salemi of law firm Franczek Radelet: “Today’s decision also effectively upholds the ACA’s employer mandate or “employer shared responsibility” provision, which requires larger employers to provide minimum levels of affordable health coverage to their full-time employees or risk paying significant penalties. The employer mandate and the ACA in general will therefore remain the law for the foreseeable future. Employers and plan sponsors should therefore continue their efforts to both understand the application of the ACA (and the employer mandate in particular) and either ensure compliance or be prepared for the financial impact of non-compliance.”

The ACA has withstood what is likely to be the last of many major legal challenges...

Spencer Hamer and Stacey Zill of law firm Michelman & Robinson: “In writing for the majority, Chief Justice Roberts ruled that the structure and context of the law supported the interpretation that subsidies should be available even for the federal exchange, 'to avoid the type of calamitous result that Congress plainly meant to avoid.' The ACA has withstood what is likely to be the last of many major legal challenges.”

Kimberly McCarthy at Partridge Snow & Hahn: “Individuals and employers will see no change from this ruling: we just stick to the status quo. But the ruling is a major win for the Obama administration, and likely is the last major challenge to federal health reform.”

The focus returns to implementation...

Ilyse Schuman at law firm Littler: "With the ACA once again having survived the Supreme Court's scrutiny, the focus returns to implementation. The debate on the ACA in Congress did not end with the King v Burwell decision."

*

What say you about this latest SCOTUS decision? Are we done arguing Obamacare?

 

 

comments powered by Disqus

 

Written by:

JD Supra Perspectives
Contact
more
less

JD Supra Perspectives on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.