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Affordable Care Act News

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On June 25th, the Supreme Court voted 6-3 to uphold the healthcare subsidies set into effect by the federal goverment.  The King v. Burwell ruling means that tax credits aren’t limited to state Exchanges– individuals may continue to receive tax credits purchased on any Exchange created under the ACA whether established by the state or the federal government.  (Currently 16 states and the District of Columbia have state Exchanges, while 34 states have a version of a federal Exchange.)  What does this mean if you’re an employer?  The Affordable Care Act remains fully intact.  It’s the law of the land and you’re responsible for complying with its requirements.  The Employer Shared Responsibility requirement–and all other provisions–still stand.  Employers should not only continue to focus on complying with reporting requirements, but are wise to analyze possible effects of the 40% excise tax on high cost plans that is scheduled to take effect in 2018.  In this case, Chief Justice Roberts (joined by Justices Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan) wrote the majority’s opinion while Justice Scalia (joined by Justices Thomas and Alito) wrote the dissent.