Justice Department declares ACA Unconstitutional – but it’s still the Law!

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Background

The Justice Department, reversing its previous position, announced support for a federal judge’s ruling that the Affordable Care Act (ACA) is unconstitutional in a case that could eventually reach the U.S. Supreme Court. Despite this stance, all ACA coverage and reporting obligations for employers remain in effect.

“The Department of Justice has determined that the district court’s comprehensive opinion came to the correct conclusion and will support it on appeal,” said Kerri Kupec, spokesperson for the Justice Department.

Legal Context

The Justice Department’s position stems from a December 14, 2018, ruling by U.S. District Judge Reed O’Connor in Texas v. United States. Judge O’Connor ruled that Congress’s elimination of the penalty for individuals without ACA-compliant health coverage (effective January 1, 2019) invalidated the ACA’s individual mandate as an exercise of Congress’s tax power.

Employer Obligations

For now, the ACA remains the law, and the Justice Department’s stance does not alter current compliance requirements. Employers—particularly applicable large employers—must continue to adhere to ACA regulations, including proper reporting of coverage offers. InTANDEM, in conjunction with insurers, manages these obligations and will provide updates on any changes to the ACA’s status.