Court: ACA Fee A Tax, Outside Of Reach Of Collective Bargaining Agreement

(March 24, 2016, 3:02 PM EDT) -- LIMA, Ohio — The Patient Protection and Affordable Care Act (ACA)’s health care fee is a tax and falls outside a collective bargaining agreement (CBA), an Ohio appeals court held March 21(Ohio Council 8, et al. v. City of Marion, No. 9-15-31, Ohio App., 3rd Dist.).

(Opinion available. Document #93-160330-022Z.)

The City of Marion, Ohio, imposed a “health care fee” on all bargaining unit employees. A health care fee is a payment that funds the ACA transitional reinsurance programs and is made by health insurance issuers...
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