Philadelphia and Washington, D.C. partner Scott Coffina wrote an article for The Legal Intelligencer titled, “Is Obamacare in Critical Condition?”
In the article, Scott discusses the U.S. Supreme Court’s recent decision to review King v. Burwell, a U.S. Court of Appeals for the Fourth Circuit decision upholding the legality of the payment of subsidies to individuals who purchase health insurance through federally established exchanges. The Court's decision to accept this case has led to speculation that it might level a crippling blow to the Affordable Care Act (ACA).
Section 1311 of the ACA provides for subsidies for lower and middle-income individuals who purchase insurance through exchanges “established by the state.” Three-dozen states have elected not to establish exchanges through which their residents can purchase health insurance and, pursuant to the statute, the federal government set up exchanges in those states instead. The Court will decide whether individuals purchasing policies on those federally-established exchanges are also entitled to subsidies. The outcome may depend on Chief Justice John Roberts as the potential swing vote.
To view the entire article in The Legal Intelligencer, click here.