HHS Fights Judge’s Invalidation of ACA Certification Regulation

A federal judge incorrectly set aside an Affordable Care Act certification regulation and wrongly refunded $206,000 to a custodial services business that was charged excise tax under the rule, the Health and Human Services Department told a federal appeals court.

HHS’s brief, filed Monday in the US Court of Appeals for the Fifth Circuit, follows its notice in June that it would challenge a lower court’s ruling that the agency illegally delegated to the IRS its authority to certify employers as failing to provide a minimum level of affordable health insurance coverage. The ACA requires this step before businesses can ...