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Docs File Collateral Attack on Obamacare

GREEN BAY, Wisc. (CN) - In a collateral attack on Obamacare, Phyllis Schlafly's attorney-son sued the Internal Revenue Service, claiming the Patient Protection and Affordable Care Act violates the 10th Amendment by diverting money, from doctors who work on a cash basis to insurance companies.

Andrew Schlafly, of New Jersey, sued the IRS commissioner in Green Bay Federal Court, on behalf of the Association of American Physicians & Surgeons, and Dr. Robert T. McQueeney, who works part time as a psychiatrist in Wisconsin.

"Defendant's shifting of the mandate for health insurance premiums from employers to only individuals causes the elimination of many cash-paying patients from the medical practices of McQueeney and other AAPS members," the lawsuit states.

"Defendant's shifting of the ACA insurance burden entirely onto individuals diverts their discretionary health care dollars towards insurance premiums, away from direct payments to physicians. This significantly reduces the customer base for AAPS members who have 'cash practices' accepting direct payments from patients."

Schlafly claims the Affordable Care Act (ACA) in an unconstitutional violation of the separation of powers.

"ACA expressly requires that the mandate for large employers to purchase health insurance for employees ('Employer Mandate') begin at the same time as the mandate for individuals to have health insurance ('Individual Mandate'), on January 1, 2014," the complaint states. "This simultaneous requirement of the Employer Mandate is to protect millions of employed individuals from having to spend their personal health care dollars on insurance premiums under the Individual Mandate.

"Defendant violated the separation of powers in the U.S. Constitution by changing this legislative requirement and thereby shifting the burden of the ACA insurance mandate from employers to individuals. This change by defendant of the requirements of ACA was without congressional approval or authorization.

"By requiring individuals to purchase health insurance without the protection of the Employer Mandate, Defendant compels many individuals to spend their own health care dollars on insurance premiums instead of as direct cash payments to physicians for medical care."

McQueeney claims that most of his patients pay out-of-pocket directly for his services. He says he does not accept payment from most insurance plans.

The plaintiffs seek an injunction preventing the IRS "from implementing and enforcing ACA in its entirety or, in the alternative, from imposing the Individual Mandate without simultaneously enforcing the Employer Mandate."

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