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ACA Employer Mandate Penalties: Litigation Update
Sequoia 
Dec. 9, 2025 "The court ruled that the ACA does not authorize HHS to delegate its duty to certify to an employer that an ESRP penalty is owed. As such, HHS exceeded its authority under the ACA by attempting to delegate this function ... [T]here is no nationwide injunction against the agencies regarding the current assessment process; the relief in this decision is applicable solely to this particular set of facts.... If upheld, it may require the IRS and HHS to develop a new process for imposing ESRPs." [Faulk Company, Inc. v. HHS, No. 24-0609 (N.D. Tex. Apr. 10, 2025)] MORE >> |
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