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Filed Under:Markets, Employee Benefits

Boehner wants to sue over PPACA employer mandate delay

President Obama said he has been using executive action authority less than President Bush did. (AP photo/Jacquelyn Martin)
President Obama said he has been using executive action authority less than President Bush did. (AP photo/Jacquelyn Martin)

House Speaker John Boehner says he wants the authority to sue the Obama administration when the administration fails to implement provisions of the Patient Protection and Affordable Care Act of 2010 (PPACA) and PPACA's sister act, the Health Care and Education Reconciliation Act of 2010 (HCERA). Boehner, R-Ohio, has released a draft resolution that would give him the authority to start or intervene in one or more PPACA-related or HCERA-related suits in the federal courts.

See also: Obama works to block Republican mid-term gains

PPACA called for the government to start requiring many employers with the equivalent of 50 or more full-time employees to start providing "minimum essential coverage" in 2014 or else pay a penalty. The U.S. Department of Health and Human Services decided instead to enforce the PPACA employer mandate provision for employers with 100 or more employees in 2015, and to let most affected employers with 50 to 99 full-time equivalents wait until 2016 to comply.

"The president changed the health care law without a vote of Congress, effectively creating his own law by literally waiving the employer mandate and the penalties for failing to comply with it," Boehner said in a statement about the resolution. "That's not the way our system government was designed to work."

President Obama said during a speech about the economy Thursday in Austin, Texas, that his administration has taken a restrained approach to use of executive branch authority and has issued executive orders at the lowest rate in more than 100 years.

"It’s not clear how it is that Republicans didn’t seem to mind when President Bush took more executive actions than I did," Obama said, according to a transcript of his remarks. "Maybe it’s just me they don’t like... You hear some of them. 'Sue him.' 'Impeach him.' Really? Really? For what? You’re going to sue me for doing my job? Okay."

See also: White House rebuffs Gibbs’ employer mandate prediction

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