Texas Judge Throws Out Most of ACA

A lower court judge in Texas has issued a ruling that could lead to all of the Patient Protection and Affordable Care Act of 2010 (PPACA) — the main part of the Affordable Care Act (ACA) statutory package —being tossed out.

U.S. District Judge Reed O’Connor said today that the PPACA provision requiring many individuals to own health coverage is now an unconstitutional requirement for people to buy health coverage, not a tax that complies with the U.S. Constitution.

Because PPACA contains no “severability clause,” or provision that lets the rest of PPACA survive if one part of PPACA is nullified, all of PPACA is invalid, O’Connor writes in an opinion explaining his ruling on the case, Texas et al. v. USA (Case Number 4:18-cv-00167-O).

“All told, Congress stated three separate times that the individual mandate is essential to the ACA,” O’Connor writes. “That is once, twice, three times and plainly. It also stated the absence of the individual mandate would ‘undercut its “regulation of the health insurance market.”  Read More

Original Article on ThinkAdvisor by Allison Bell