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Halbig v Sebelius - Appeal Joint Appellate Appendix

Halbig v Sebelius - Appeal Joint Appellate Appendix

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A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS regulation imposed under the Affordable Care Act (Obamacare), a regulation that will force the plaintiffs to pay exorbitant fines, cut back employees’ hours, or severely burden their businesses.

This document is the Joint Appellate Appendix.

View more about the case at cei.org/obamacare.
A group of small business owners (and individuals) in six states filed a lawsuit on May 2, 2013 against the federal government over an IRS regulation imposed under the Affordable Care Act (Obamacare), a regulation that will force the plaintiffs to pay exorbitant fines, cut back employees’ hours, or severely burden their businesses.

This document is the Joint Appellate Appendix.

View more about the case at cei.org/obamacare.

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Published by: Competitive Enterprise Institute on Jan 31, 2014
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USCA Case #14-5018 Document #1477680 Filed: 01/30/2014 Page 242 of 366

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(2) administrative costs and all services offered

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through such supplemental coverage or plan are paid

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for using only premiums collected for such coverage

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or plan; and

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(3) any nonfederal QHBP offering entity that

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offers an Exchange-participating health benefits

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plan that includes coverage for abortions for which

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funding is prohibited under this section also offers

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an Exchange-participating health benefits plan that

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is identical in every respect except that it does not

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cover abortions for which funding is prohibited

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under this section.

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TITLE III—HEALTH INSURANCE

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EXCHANGE AND RELATED

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PROVISIONS

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Subtitle A—Health Insurance

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Exchange

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SEC. 301. ESTABLISHMENT OF HEALTH INSURANCE EX-

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CHANGE; OUTLINE OF DUTIES; DEFINITIONS.

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(a) ESTABLISHMENT.—There is established within

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the Health Choices Administration and under the direc-

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tion of the Commissioner a Health Insurance Exchange

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in order to facilitate access of individuals and employers,

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through a transparent process, to a variety of choices of

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175

Case 1:13-cv-00623-PLF Document 51-1 Filed 11/13/13 Page 179 of 261

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USCA Case #14-5018 Document #1477680 Filed: 01/30/2014 Page 243 of 366

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affordable, quality health insurance coverage, including a

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public health insurance option.

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(b) OUTLINEOFDUTIESOFCOMMISSIONER.—In ac-

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cordance with this subtitle and in coordination with appro-

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priate Federal and State officials as provided under sec-

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tion 243(b), the Commissioner shall—

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(1) under section 304 establish standards for,

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accept bids from, and negotiate and enter into con-

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tracts with, QHBP offering entities for the offering

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of health benefits plans through the Health Insur-

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ance Exchange, with different levels of benefits re-

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quired under section 303, and including with respect

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to oversight and enforcement;

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(2) under section 305 facilitate outreach and

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enrollment in such plans of Exchange-eligible indi-

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viduals and employers described in section 302; and

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(3) conduct such activities related to the Health

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Insurance Exchange as required, including establish-

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ment of a risk pooling mechanism under section 306

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and consumer protections under subtitle D of title

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II.

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SEC. 302. EXCHANGE-ELIGIBLE INDIVIDUALS AND EMPLOY-

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ERS.

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(a) ACCESSTOCOVERAGE.—In accordance with this

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section, all individuals are eligible to obtain coverage

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176

Case 1:13-cv-00623-PLF Document 51-1 Filed 11/13/13 Page 180 of 261

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