Judge: Rule Governing Fixed Indemnity Plans Under ACA Fails Chevron Test
(September 28, 2015, 12:06 PM EDT) -- WASHINGTON, D.C. — An agency’s rule that fixed indemnity insurance plans must meet Patient Protection and Affordable Care Act (ACA) minimum insurance coverage requirements fails the Chevron test for agency power, a federal judge held Sept. 11 in permanently enjoining the rule’s enforcement (Central United Life Inc., et al. v. Sylvia Burwell, et al., No. 14-1954, D. D.C.; 2015 U.S. Dist. LEXIS 121342).
(Opinion available. Document #93-150930-029Z.)
In 1944, Congress enacted the Public Health Service Act (PHSA), which set nationwide health insurance plan standards. The PHSA...