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The Wagner Law Group Description 

The Wagner Law Group, A Professional Corporation, is a nationally recognized ERISA & employee benefits, estate planning, employment, labor & human resources practice. 


Established in 1996, The Wagner Law Group has 19 attorneys engaged exclusively in employee benefits, estate planning and employment law. Five of our attorneys are AV rated by Martindale-Hubbell as having very high to preeminent legal abilities and ethical standards. The firm is among the largest ERISA boutiques in the country. Our practice is national in scope, with clients in more than 40 states and several foreign countries.






Contact Info

The Wagner Law Group


Massachusetts Office 

Tel: (617) 357-5200 

Fax: (617) 357-5250 

99 Summer Street 

13th Floor

Boston, MA 02110

Florida Office 

Tel: (561) 293-3590
Fax: (561) 293-3591
7121 Fairway Drive
Suite 203
Palm Beach Gardens, FL 33418


New York Office

Tel: (716) 650-5987

Fax: (716) 633-0301

333 International Drive

Suite B-4

Williamsville, NY 14221


San Francisco Office

Tel: (415) 625-0002

Fax: (415) 829-4385

315 Montgomery Street

Suite 902

San Francisco, CA 94104




July 26, 2012 

 State and Federal Law Alert







 Some States Refuse to Establish Exchanges




Although the U.S. Supreme Court has ruled that the majority of the Patient Protection and Affordable Care Act ("PPACA") is constitutional and the U.S. Department of Health and Human Services ("HHS") has issued final regulations providing guidance on the implementation of Affordable Insurance Exchanges ("Exchanges") under PPACA (Alert 3/15/12), several states have announced that they will not establish these required Exchanges.


The Exchanges are state-based marketplaces that will be used by individuals and small businesses to purchase health insurance. Individuals who qualify for Medicaid, federal subsidies, or tax credits will also be able to use Exchanges to select health insurance. PPACA requires Exchanges to be operational in each state by January 1, 2014. If a state fails to establish such an Exchange, the federal government will be responsible for establishing an Exchange in that state.


To date, several states have announced that they will not created an Exchange, or will delay implementation of an Exchange. These states include Florida, Georgia, Louisiana, Maine, New Hampshire, Oklahoma, South Carolina, Texas and Wisconsin. Other states, such as New Jersey and New Mexico, are likely to follow.


In response, HHS Secretary Kathleen Sebelius has announced that the federal government is offering "a new funding opportunity to help states continue their work to implement the health care law" and has released "further guidance to help states understand the full scope of activities that can be funded under the available grant funding as they work to build exchanges."


Nevertheless, given the political nature of the PPACA dispute, it is unlikely that any of these states will change its position and establish state-based Exchanges, even with additional funding opportunities. Therefore, it is likely that in 2014 these states will be covered under federally-controlled Exchanges.





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This Newsletter is provided for information purposes by The Wagner Law Group to clients and others who may be interested in the subject matter, and may not be relied upon as specific legal advice.  This material is not to be construed as legal advice or legal opinions on specific facts. Under the Rules of the Supreme Judicial Court of Massachusetts, this material may be considered advertising.