Two court rulings issued this week taking opposing views on the legality of subsidies granted to individuals who enroll in the public health care exchanges have the potential to further delay the employer mandate, say some legal experts.

In a 2-1 ruling issued Tuesday in Halbig v. Burwell, the 3-judge panel on the D.C. Circuit Court of Appeals ruled subsidies can only be granted to those people who bought insurance in an exchange run by an individual state or the District of Columbia, not on the federally run exchange. Just hours later, the U.S. District Court for the Eastern District of Virginia issued a contradicting opinion, saying that while the Affordable Care Act does acknowledge the “existence of state exchanges,” the law still directs the Department of Health and Human Services to establish exchanges when states fail to do so themselves.

Register or login for access to this item and much more

All Employee Benefit News content is archived after seven days.

Community members receive:
  • All recent and archived articles
  • Conference offers and updates
  • A full menu of enewsletter options
  • Web seminars, white papers, ebooks

Don't have an account? Register for Free Unlimited Access