ACA Repeal and Replace

Question 1

ACA Back in the Courts

Answer 1

• the 2017 Tax Reform bill eliminated the “tax” (or fee) on those who fail to buy health insurance, effectively eliminating the individual mandate
• Plaintiffs, and the Trump Administration, argue that the mandate without tax, is unconstitutional
• Texas federal district court agrees, and says that if the mandate is unconstitutional, then the entire ACA must be struck down - the mandate is essential to the AFA and not severable from it
• Pending in 5th circuit court of appeals