Ohio sues over Obamacare taxes on state,
local governments
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[January 27, 2015]
By Mary Wisniewski
(Reuters) - The state of Ohio filed a
lawsuit on Monday that claims Obamacare tax assessments against state
and local governments for public employee health plans are
unconstitutional.
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The suit by Attorney General Mike DeWine involves the federal
government's power under the Affordable Care Act's Transitional
Reinsurance Program to levy taxes against health insurance companies
and certain employers who offer self-insured group health plans.
The U.S. Department of Health and Human Services (HHS) has said it
is assessing this tax on state and local governments for their
public employee health plans, DeWine's office said. DeWine said this
would destroy the balance of authority between the federal
government and the states.
"This action simply protects a tradition as old as our republic that
governments do not tax each other," DeWine, a Republican, said in a
statement about the lawsuit.
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The assessment costs Ohio $5.3 million, money that could be used for
education, roads and other local needs, the statement said. The
state wants a refund, said Dan Tierney, a spokesman for the attorney
general.
Tierney said the ACA does not include state and local governments as
entities that can be taxed under the reinsurance program.
The lawsuit was filed in federal court in the Southern District of
Ohio, and plaintiffs include Warren County, the University of Akron
and three other state universities.
An HHS representative could not comment on the pending litigation.
The reinsurance program helps keep premiums affordable from year to
year, according to HHS.
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Republicans in Congress, some state governments and others have
challenged in court all or part of the Affordable Care Act since it
became law in 2010.
Last week, leading Republican senators introduced a bill to repeal
one of Obamacare's most unpopular provisions: the individual mandate
that requires most Americans to obtain health insurance or pay a
penalty.
The mandate survived a 2012 U.S. Supreme Court challenge seeking to
overturn it on constitutional grounds.
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