Postponed Employer Healthcare Mandates In Obamacare Prompts Suit
A suburban Boca Raton orthodontist has filed a federal lawsuit claiming President Obama broke the law when he postponed employer mandates under his Affordable Care Act this summer.
The lawsuit filed Tuesday by Kawa Orthodontics LLP claims the government violated the law by pushing the mandate for employers of 50 or more workers back from 2013 to 2015.
The mandate for individuals remains with the new health care exchanges opening up on Tuesday.
"I felt compelled to do it as American citizen and I also wanted to protect my business, said Dr. Larry Kawa.
The lawsuit was filed on behalf of Lawa by the conservative watchdog group Judicial Watch.
The complaint is somewhat builds on the vociferous objections about the ACA, also known as Obamacare.
Kawa is no fan of the law, but he said he was ready to implement it as an employer of 70 people only to have his efforts be in vain when the mandate was postponed on July 2.
The lawsuit, which is in front of U.S. District Judge William Dimitrouleas in Fort Lauderdale, claims the government cost small business owners like Kawa money and time when it delayed the mandate.
"Plaintiff expended substantial time and resources, including money spent on legal fees and other costs in preparation for the 'employer mandate," the lawsuit states.
Kawa said he spent $5,000 on legal fees to get up to speed on the ACA. He says $5,000 may not mean a lot in Washington D.C., but it is a lot to a small business owner.
"So now any time this president tweaks or changes the law, I have to jump on my lawyers and spend money all over again?" Kawa said. "He has no more right than you or I to change a law."
The orthodontist, despite his misgivings about the law, wants it implemented as passed by Congress and found constitutional by the U.S. Supreme Court.