By Jeremy Duda | Arizona Capitol Times
Gov. Doug Ducey may have just cost more than 200,000 Arizonans their health insurance, though they won’t know for sure until the U.S. Supreme Court rules this summer.
Ducey has signed HB2643, which prohibits Arizona or any of its political subdivisions from using taxpayer dollars or personnel to establish a state-run health insurance exchange under the Affordable Care Act. Arizona is one of 34 states using a federally run exchange after declining to set up a state-run exchange of its own.
About 204,000 people in Arizona now have health insurance through the state’s federal exchange, according to the U.S. Department of Health and Human Services.
Comments by David Weissman, Rose Law Group healthcare and employment law attorney:
“At oral arguments last month in the King v. Burwell case, the petitioners argued to the U.S. Supreme Court that, under the express language of the Affordable Care Act (ACA), insurance premium subsidies are not available in states such as Arizona with federally-funded insurance exchanges.
“The Obama Administration, on the other hand, argued that the ACA’s broader language and structure demonstrate that Congress’ intent was for subsidies to be available in all states, regardless of whether the state runs its own exchange or not. Based on the justices’ questioning at oral argument, it sounds like a majority is leaning toward keeping the subsidies intact in all states.
“That said, if a majority rules in favor of the petitioners, subsidies will only be available in states like Arizona if they either set up their own exchanges or if Congress amends the ACA. However, the enactment of HB2643 takes the former option off the table in Arizona.
“Therefore, depending on the outcome of the case, we may have to look to Congress to come up with a workable solution to permit lower income Arizonans to purchase affordable health insurance. Stay tuned for the court’s decision in late June.
UPDATE: Ducey says he won’t reconsider position on state-run Obamacare exchanges
Related: Gov. Doug Ducey signs elections-related measures
Gov. Doug Ducey vetoes measures to take over federal land
Ducey signs bill stopping Tempe plastic bag ban, Phoenix energy rules
