The Internal Revenue Service’s Implementation and Administration of the Democrat’s Health Care Law
Timothy Stoltzfus Jost
Washington and Lee University - School of Law
September 24, 2012
Hastings Center Report, September-October 2012
Washington & Lee Legal Studies Paper No. 2012-30
In a widely publicized paper, Jonathan Adler and Michael Cannon claim that the Affordable Care Act does not authorize federal exchanges to offer premium tax credits and that an IRS rule allowing them to do so is illegal. It is clear that Congress in fact intended all exchanges, including federal exchanges, to issue premium tax credits. Moreover, the language Cannon and Adler point to in the ACA as supporting their position, when read in context, does not preclude federal exchange premium tax credits. Timothy Jost’s testimony submitted to the House Ways and Means Committee explains why the IRS position is correct.
Number of Pages in PDF File: 9
Keywords: health reform, affordable care act, tax credits, legislation federal exchange
JEL Classification: K10, K32Accepted Paper Series
Date posted: September 25, 2012
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