In Uncategorized on 08/28/2017 at 16:21

But Uncovered

Once again, a shortcoming in the operational sector of the Affordable Care Act wreaks an injustice in Steven A. McGuire and Robin L. McGuire, 149 T. C. 9, filed 8/28/17, Judge Buch giving the McGuires the bad news.

The McGuires signed up with Covered California, the same exchange that messed up Gregory Thomas Orr. See my blogpost “The Affordable Care Act,” 3/2/17.

Steve and Robin were under the 400% of poverty cutoff when they signed up, but during the year Robin got a job, busted the income limit, and Covered Cal never sent them a Form 1095-A to recalculate and pay back the credit. Robin appealed Covered Cal’s failure to reassign them, but the CA ALJ didn’t have jurisdiction to review a misclassification.

Steve and Robin get hit for the credit the insurance company got but they didn’t. And, of course, but for the credit they never would have bought the expensive insurance they did buy.

Judge Buch has no jurisdiction to wipe out the tax, but he wipes out all the chops.

Covered Cal didn’t cover themselves with glory in this case, and admitted as much, but the ACA rollout wasn’t a masterpiece either.

I stated at the close of my above-cited blogpost that “Congressional leadership and the White House state that come soon the ACA will either cease to exist, or else be refurbished, reupholstered and re-engineered so as to be unrecognizable.”

I’m sure that will give Steve and Robin no end of comfort. But this is a nonpolitical blog, guys; I report, you decide.


  1. […] surprised that there was not more coverage on this case.  Besides Law 360, noted above, there was something by Lew Taishoff, who seems to be sharing my […]


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