Kansas Suing Federal Government Over Affordable Care Act Taxes

The following press release was sent from the Kansas Attorney General’s office.

Kansas Attorney General Derek Schmidt asked for help from the Kansas congressional delegation to repeal two taxes he says are unlawfully imposed on the State of Kansas by the Affordable Care Act (ACA) and to obtain a refund of the state’s payments made to date.

Kansas has sued the federal government over the Health Insurance Provider Fee, which is one of the two taxes. That case, State of Texas, et al. v. United States of America, et al., remains pending in federal district court in Texas. To date, the State of Kansas has paid $90,065,692 in taxes to the federal government. Kansas also has led a 13-state coalition objecting to the “transitional reinsurance program,” which was designed to apply a tax on state government health plans like that of Kansas. That case, State of Ohio, et al., v. United States of America, et al., is currently pending decision in the U.S. Court of Appeals for the 6th Circuit. To date, Kansas has paid $9,130,700 in transitional reinsurance taxes.

“Kansas maintains that these attempts by the federal government to commandeer state taxing power – in effect, to tax the states – is both unlawful and unconstitutional,” Schmidt wrote in the letter to the state’s congressional delegation. “I am prepared to continue to litigate these cases to their conclusion, and if we are successful, to recover the funds Kansas was unlawfully compelled to pay. However, because Congress is preparing to reconsider portions of the ACA, a preferable outcome would be for Congress to require a full refund of the funds paid under [the two taxes] by Kansas and others that have challenged the taxes.”

The total amount paid so far to the federal government by Kansas under these two taxes is $99,196,392.14. Schmidt said the first priority for Congress should be to end future collection of these taxes before the State of Kansas is required to make any further payments. The next state payment of the transitional reinsurance tax is due November 17, 2017, and the next Health Insurance Provider Fee payment will come due in 2018.

“Kansas has important state-level priorities for which our citizens pay state taxes,” Schmidt said. “State taxes are not intended to fund the operations of the federal government, but that is what has happened with these two unlawful taxes imposed on Kansas by the ACA. We’re asking for that to end, and we’re asking for help in getting the state’s money back.”

Hot this week

Authorities Identify Victim in Claflin Death Investigation; Local Man Arrested

CLAFLIN, Kan. — State and local law enforcement agencies have identified the woman found deceased inside a Barton County garage earlier this week, following a welfare check that led to the arrest of a 60-year-old resident.

🎙️ K-State Agriculture Today: 2231 – Recent Grain Highs…Hands-On Cattle Learning Opportunity

Grain Price Action Western Cow Camp Next Kansas Weather Pattern 00:01:05 –...

KBI Arrests Kansas Priest for Child Sex Crimes

On Wednesday, July 22, at approximately 5:05 p.m., KBI...

🎙️ Osborne County Fair Night 1 Recap

Osborne County Fair Night 1 Recap

🎙️ K-State Agriculture Today: 2230 – ARC and PLC Payment Estimates…Youth Judging Opportunities

Crop Coverage Payment Estimates Kansas 4-H Livestock Sweepstakes Dividing an Iris 00:01:05...

Latest Headlines

🎙️ K-State Extension Helps Combat Food Insecurity

Kansas State University Extension is piecing together a statewide...

Extreme Heat Warning Issued Across Central and Eastern Kansas: Heat Index Could Reach 114°

The National Weather Service has issued an Extreme Heat Warning for much of Kansas, with heat index values reaching up to 114°. The warning is effective until 9 PM CDT on July 27, affecting various cities and counties. Prolonged exposure increases the risk of heat-related illnesses. Precautions include staying hydrated and limiting outdoor activities.

🎙️ Marysville Post 163 vs. Topeka Senators (Class A State) – 7/25/2026

Marysville Post 163 vs. Topeka Senators (Class A State)...

🎙️ Marysville Post 163 vs. Hiawatha Braves (Class A State) – 7/25/2026

Marysville Post 163 vs. Hiawatha Braves (Class A State)...

🎙️ Lydia & Blake at the Lake: Julia Rabe SVCF

Julia Rabe, executive director of the Solomon Valley Community...

🎙️ Marysville Post 163 vs. Topeka Senators (Class A State) – 7/24/2026

Marysville Post 163 vs. Topeka Senators (Class A State)...
- Advertisement -

Related Articles

Popular Categories

- Advertisement -