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DOJ Won’t Defend the ACA Individual Mandate and Related Provisions

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The Trump administration has decided not to defend the Affordable Care Act’s (ACA) individual mandate, or certain provisions it considers to be inseparable from the mandate, from an ongoing constitutional challenge. The U.S. Department of Justice (DOJ) has asked the court hearing the case to declare these provisions invalid as of January 1, 2019.

Source: Michail_Petrov-96

While the individual mandate itself already was effectively nullified by last year’s Tax Cuts and Jobs Act (TCJA), the invalidation of ACA guaranteed issue and community rating provisions could have a substantial impact on the individual insurance market, and possibly the group market

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