Health and Human Services Seeks ACA Certification Rule’s Revival

The US Department of Health and Human Services is pursuing appellate revival of a regulation which required the IRS to certify an employer’s failure to meet minimum Affordable Care Act insurance requirements, exposing them to tax liability, a Tuesday court filing indicated.

The federal government challenging the US District Court for the Northern District of Texas decision setting aside the HHS Certification Regulation for allegedly violating the Administrative Procedure Act. According to the lower court, the Centers for Medicare & Medicaid Services improperly delegated power to the IRS for certifying employer compliance, contrary to ACA language requiring HHS make that ...