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the Court has ruled for now that the subsidies can stay, it remains to be seen if parts of the law remain, or if it is repealed completely, especially if a Republican wins in 2016.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