Tuesday, November 19, 2013

July's Delay of the Employer Mandate Draws a New Legal Challenge to PPACA

It was only a matter of time before one of these popped up.  This is from Ben Goad writing at The Hill
...The provision requires companies with 50 or more employees to offer insurance to their workers or pay penalties. The mandate, a major pillar of the ACA, was to take effect in January 2014, under language in the law.

The administration’s surprise move in July to postpone the regulations until the following January violate the Administrative Procedure Act and exceed President Obama’s authority, the lawsuit alleges.

“He has no more power to do that than your or I,” said Larry Kawa, the Boca Raton-based orthodontist named as plaintiff in the suit. 
Kawa, whose practice employs 70 people, said he spent thousands of dollars worth of legal fees to comply with the mandate in time to meet the initial deadline.

Kawa said he opposes the mandate and ObamaCare in general, but believes his financial losses give him standing to challenge the delay...