Today is a big day for the Affordable Care Act. In a Fort Worth, Texas courtroom, attorney generals from both sides of the aisle are going to duke out whether or not the Affordable Care Act is constitutional.
Why Today Is a Big Day For Obamacare
In this case, known officially as Texas vs. The United States, the Republicans plan to argue that after Congress eliminated the penalty for not having health insurance last year, entire health law is now unconstitutional. The Democrats will prepare the counterargument describing the Affordable Care Act’s solid legality.
The GOP believes that since the Supreme Court upheld the ACA in 2012 by citing the requirement to carry insurance was a legitimate use of taxing power wielded by Congress, the fact that there is no longer a penalty for not having health insurance renders Obamacare unconstitutional.
The Outlook on The Future of Obamacare
According to BenefitsPro, while the Justice Department does not wholly agree with the GOP plaintiffs about the removal of the penalty nullifying the whole law, it does believe that without the penalty, the part of Obamacare that requires insurance companies to 1) still offer health care coverage to people with preexisting conditions and 2) not upcharge people with preexisting conditions when they do sell them health care might need to go.
The GOP seems willing to accept the elimination of the protections safeguarding preexisting conditions as a compromise if the whole of the Affordable Care Act cannot be struck down. Should the court vote in favor of removing the preexisting conditions protection, changes would take effect on Jan. 1, 2019, when the penalty disappears.
Why Wednesday Is a Big Deal For The Affordable Care Act
Today is important in the case of Texas vs. The US because the two sides will argue whether or not the Affordable Care Act should be put on hold the entire time this case is in court.
The GOP plaintiffs are asking a “preliminary injunction” on the law, stating in their brief
that people will want to make insurance decisions during fall open-enrollment periods, and also that the turnaround on state insurance plans/ Medicaid operations is slow, so the process should start sooner rather than later.
Democrats are combatting this ideology by stating that pausing the Affordable Care Act during litigation would cause utter chaos, given the arms Obamacare has in both individual and employer insurance markets, Medicare, and Medicaid.
We will update this blog with the verdict as soon as one is available. While the Affordable Care Act is on your mind, have you thought about how you’re going to handle this year’s reporting? If you’re starting to stress, let ACAwise take it off your hands. ACAwise provides full-service ACA reporting designed especially to get your 1094 and 1095 forms where they need to go with time to spare. Schedule an appointment with one of our account managers today.