Three pending lawsuits have the potential to directly affect health plans and the individuals we serve:

    • Texas v. U.S.: As we have reported, 20 states’ Attorneys General have alleged Congress’s repeal of the individual mandate effective as of 2019 means the remainder of the ACA is unconstitutional. The Court heard oral arguments earlier this month and is expected to issue its decision soon. A countersuitrecently filed by Maryland’s Attorney General attempts to confirm the law’s constitutionality by directly addressing the issues arising in the Texas case.

 

    • The Association for Community Affiliated Plans (ACAP) v. U.S.: On September 14, seven health care industry and advocacy groups filed suit in a federal district court seeking to undo the Trump Administration’s short-term, limited-duration insurance (STLDI) regulation finalized earlier this summer. The suit alleges the rule, which expands the time an individual may be enrolled in an STLDI plan from three months to just under three years, unlawfully undoes many of the law’s requirements.

 

  • Texas v. U.S.: Another suit filed by the Texas Attorney General and six other states seeks recovery of funds paid to Medicaid health plans to account for their portion of the ACA’s Health Insurance Fee (also known as the Health Insurance Tax or HIT). The court ruled in the states’ favor in August. Additional motions have since been filed addressing how and when the states would receive relief. The court is expected to rule on these issues shortly.