U.S. Appeals Courts Issue Conflicting Decisions on Whether ACA Permits Tax Subsidies of Health Care Coverage Purchased Through Federal Exchanges

The U.S. Court of Appeals for the District of Columbia struck down the Internal Revenue Service (IRS) rule providing for federal tax credits for health insurance purchased through federal exchanges, while the U.S. Court of Appeals for the Fourth Circuit upheld the same IRS rule. If en banc review in the appeals courts does not resolve the circuit split, the matter likely will go to the Supreme Court of the United States for review. Tax subsidies under the IRS rule should remain available until such review, which is not expected before June 2015.

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Anthony A. Bongiorno
      Anthony (Tony) A. Bongiorno has extensive jury trial experience in a variety of commercial matters and serves as the partner-in-charge of the Firm’s Boston office. Tony has successfully tried cases in various federal and state courts around the country. In addition to his significant jury trial experience, Tony has also tried matters under the auspices of the American Arbitration Association, the International Centre for Dispute Resolution and the International Chamber of Commerce. Tony has represented clients in many industries, including energy, health care, biotech and construction. Read Anthony A. Bongiorno's full bio.


Ankur J. Goel
  Ankur J. Goel represents health industry clients in significant compliance, False Claims Act, litigation and regulatory matters. Ankur works with a range of health industry clients. He represents health plans on issues arising under Medicare Advantage, Part D, and health insurance exchanges, as well as health care providers on a variety of complex enforcement, compliance, regulatory and litigation matters. Read Ankur Goel's full bio.


Eric Zimmerman
Eric Zimmerman is a recognized Medicare law and policy authority and registered lobbyist who represents clients before Congress and administrative agencies, and helps clients navigate federal legislative and regulatory processes related to Medicare coverage, coding, reimbursement and compliance. Eric is partner-in-charge of the Firm's Washington, DC Health Industry Advisory Practice Group. He also serves as a principal of McDermott+Consulting LLC. Read Eric Zimmerman's full bio.


H. Guy Collier
  H. Guy Collier represents academic medical centers, schools of medicine, hospitals and health systems on transactional and related regulatory issues. He has particular experience in affiliations between academic medical centers and health systems and has been responsible for a number of cutting-edge transactions in this area. Read Guy Collier's full bio.

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