The US Court of Appeals for the Eighth Circuit has barred Missouri from enforcing a law that would have required anyone giving advice about the Affordable Care Act to obtain a license from the state.
The court ruled that state licensing provisions regarding the ACA are preempted by the language of the federal law. The Act’s preemption clause prohibits states from taking actions that would “hinder or impede implementation” of the ACA.
Advocates of the licensing provision had argued that it was necessary to protect consumers and prevent identity theft.
Missouri residents receive among the greatest financial benefit from the ACA; those qualifying for premium subsidies pay an average of $23 per month for their coverage.