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States Take Aim at Health Insurance Providers Fee in New Litigation
Sheppard MullinLink to more items from this source
Nov. 3, 2015

"Three states -- Kansas, Louisiana and Texas -- filed a complaint in federal court on October 22, 2015 challenging the constitutionality and legality of the Affordable Care Act's health insurance providers fee.... The plaintiffs contend that the health insurance providers fee is unconstitutional and illegal ... [including] the argument that the fee is an unconstitutionally coercive exercise of Congressional power.... The plaintiffs also argue that the federal government's reliance on actuarial standards published by the American Academy of Actuaries comprises an unconstitutional delegation of rulemaking authority to a private entity."

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