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The Affordable Care Act created an annual fee on certain health insurance providers beginning in 2014. On Nov. 26, 2013, the Treasury Department and IRS issued final regulations on this annual fee imposed on covered entities engaged in the business of providing health insurance for United States health risks.
Thus opponents of the ACA, both in litigation and in the public sphere, have argued that the individual health insurance mandate exceeds congressional authority under the Commerce Clause, because the mandate is not a regulation (it is a requirement) and because those regulated are not engaged in commerce (they are inert).