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August 20, 2020

ACA Litigation Update

On August 17, a Senior Federal District Judge Frederic Block, Eastern District of New York, enjoined the recently revised rule repealing the definition of sex discrimination stemming from section 1557 of the ACA.  That definition offered express protection to transgendered people. The United States District Court for the District of Columbia continues to consider a much broader preliminary injunction motion. The plaintiffs in that case have brought the ruling from Judge Block to the attention of the D.C. federal court.

On August 14, following the Supreme Court’s ruling in Maine Community Health Options v. United States,  the U.S. Court of Appeals for the Federal Circuit ruled in favor of health insurers participating in the ACA’s marketplace. This time the unpaid amounts involve reimbursable cost sharing reductions for low income marketplace participants.