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The return of pre-existing condition surcharges




The Affordable Care Act is back in court again. In February, 20 Republican states, led by Texas, filed a lawsuit claiming that when Congress reduced the tax penalty (which most people must pay if they fail to have health insurance) to zero in the 2017 tax bill, it rendered the ACA's individual mandate unconstitutional. Without the mandate, the states maintained, the entire ACA is invalid.



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