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Florida dentist mounts ACA challenge

October 01, 2013

By Craig Palmer, ADA News staff

Washington—Judicial Watch, a self-described “conservative, non-partisan educational foundation,” filed a lawsuit Oct. 1 on behalf of Kawa Orthodontics, LLP challenging Obama administration delay of the Affordable Care Act employer mandate. Scheduled to take effect Jan. 1, 2014, the mandate was postponed until 2015.

The suit filed in U.S. District Court for the Southern District of Florida against the U.S. Department of the Treasury and Internal Revenue Service argues that the delay “exceeded defendants' statutory authority, is arbitrary, capricious and contrary to law, and is otherwise unlawful.”

“I've made investments of time and money to make sure my (70 employee) business was in compliance with the law,” Dr. Larry Kawa told a National Press Club audience. “I'm not in favor of Obamacare but it is the law.” Dr. Kawa said he distributed an ACA-required notice to all employees and offered to continue employer-provided coverage in 2014 “with no change.”

Tom Fitton, Judicial Watch president, introduced Dr. Kawa at the news conference on the day a government shutdown began and ACA health insurance exchanges were scheduled to open for business. “We obviously object to the employer mandate and the entire Obamacare law, but we understand that, under the U.S. Constitution, the law can only be changed by legislation passed by Congress and signed by the president,” he said. “And to paraphrase Ulysses S. Grant, the best way to ensure the repeal of a bad law is to enforce it vigorously.”