Breaking News on ACA and Exclusive Remedy

There are two news items to report about subjects I wrote about previously. The first item concerns the ACA, the second concerns the issue of exclusive remedy in Florida.

Regarding the first item, the Supreme Court of the United States (SCOTUS), in a 6-3 decision, upheld the Affordable Care Act subsidies under the federal exchanges.

Last week, I wrote an article, “SCOTUS Decision Could Benefit Medical Travel for Workers’ Comp“, where I said that James Moore believed that should the Court decide for the plaintiff, workers’ comp claims departments might get more traffic than they can handle.

This would have been one other way in which offering medical travel for workers’ comp would occur, but there are other legal challenges, and Congress may make changes as well.

So while the Court has ruled for now that the subsidies can stay, it remains to be seen if parts of the law remain, or if it is repealed completely, especially if a Republican wins in 2016.

The second news item, exclusive remedy in Florida, was discussed originally back in August 2014, in an article called, “Update on Constitutionality of Work Comp in Florida“. This was a follow up to an earlier article, “Constitutionality of Workers’ Comp Challenged: What that could mean for Medical Travel

As reported today by Workers’ Comp Insider, a three-judge panel of the Florida 3rd District Court of Appeal overturned a ruling that challenged the concept of exclusive remedy.

In their decision, the Court ruled that plaintiffs did not have legal standing and the case was moot. The appeals court did not weigh in on whether the workers-compensation system was constitutional.

David De Paolo wrote today that the question is still open, and that the organizations pushing for constitutional change are continuing to fight.

So for now, both the subsidies under the ACA and the concept of exclusive remedy in workers’ comp in Florida have passed judicial review and live on another day.

But as we are seeing with the Confederate flag issue throughout the South, there are “bitter enders” who will continue to press on despite what any court rules, even the highest court in the nation.


I am willing to work with any broker, carrier, or employer interested in saving money on expensive surgeries, and to provide the best care for their injured workers or their client’s employees.

Call me for more information, next steps, or connection strategies at (561) 738-0458 or (561) 603-1685, cell. Email me at:

Ask me any questions you may have on how to save money on expensive surgeries under workers’ comp.

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This entry was posted in ACA, Affordable Care Act, Constitutionality, Exclusive Remedy, Florida, Medical Tourism, Medical Travel, Supreme Court, Workers' Comp, Workers' Compensation and tagged , , , , , on by .

About Transforming Workers' Comp

Have worked in the Insurance and Risk Management industry for more than thirty years in New York, Florida and Texas in the Claims and Risk Management spheres, primarily in Workers’ Compensation Claims, Auto No-Fault and Property & Casualty Claims Administration and Claims Management. Have experience in Risk and Insurance Business Analysis, Risk Management Information Systems, and Insurance Data Processing and Data Management. Received my Master’s in Health Administration (MHA) degree from Florida Atlantic University in Boca Raton, Florida in December 2011. Received my Master of Arts (MA) degree in American History from New York University, and received my Bachelor of Arts (BA) degree in Liberal Arts (Political Science/History/Social Sciences) from SUNY Brockport. I have studied World History, Global Politics, and have a strong interest in the future of human civilization in all aspects; economic, political and social. I am looking for new opportunities that will utilize my previous experience and MHA degree. I am available for speaking engagements and am willing to travel. LinkedIn Profile: Resume:

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