December 30, 2024 9:48 am
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[BREAKING] Supreme Court permits health care subsidies nationwide; Rose Law Group Healthcare Attorney David Weissman comments

SCOTUS

The New York Times

The Supreme Court ruled on Thursday that President Obama’s health care law may provide nationwide tax subsidies to help poor and middle-class people buy health insurance.

The case concerned a central part of the Affordable Care Act, Mr. Obama’s signature legislative achievement. The law created marketplaces, known as exchanges, to allow people who lack insurance to shop for individual health plans.

Some states set up their own exchanges, but about three dozen allowed the federal government to step in to run them. Across the nation, about 85 percent of customers using the exchanges qualify for subsidies to help pay for coverage, based on their income.

Continued:

 

Comments by David Weissman, Rose Law Group healthcare attorney:

In a 6-3 decision, the U.S. Supreme Court once again has upheld the validity of a key provision of the Affordable Care Act – namely, premium subsidies that make insurance affordable for millions of Americans. The Court’s majority clearly recognized the potentially disastrous impact of taking away subsidies from citizens in the 34 states which use the federal insurance exchange marketplace, noting that this would destabilize insurance markets in those states and likely lead to insurance “death spirals” that Congress intended the ACA to avoid. 
This ruling should be welcome news for the more than 150,000 Arizona citizens who received premium subsidies last year, particularly since Arizona law explicitly prevents the state from establishing its own insurance exchange. 
At this point, the message from the court is fairly clear– the ACA is here to stay unless the president and Congress make a legislative change.  For now, and unless and until that occurs,  individuals and companies should plan their compliance strategies accordingly.
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