Modern Healthcare, October 20, 2015 .
by Lisa Schencker
The Obama administration suffered yet another setback Monday in its attempts to fend off House Republicans' lawsuit alleging it funded part of the Affordable Care Act without permission from Congress.
U.S. District Judge Rosemary Collyer rejected the administration's request to immediately appeal her earlier ruling that House Republicans have standing to sue the administration. Had she agreed to the so-called interlocutory appeal, a federal appeals court could have agreed to hear the matter before the case was resolved in District Court.
House Republicans allege in the lawsuit that the administration is illegally spending money that Congress never appropriated for the ACA's cost-sharing provisions. Those provisions include reduced deductibles, copayments and coinsurance that Americans receive, depending on income, for plans purchased through the ACA's insurance exchanges.