Delaware: Health Department Submits Supported State-Based Marketplace Blueprint

In advance of the King v. Burwell Supreme Court decision, the Delaware Department of Health and Social Services submitted a blueprint to CMS to transition from a State Partnership Marketplace to a Supported State-based Marketplace (SSBM). Under the proposed blueprint, the State would use the federal government’s information technology system to support application and enrollment functions for a State-based Marketplace. The State’s submission does not require it to establish an SSBM, but ensures the option to do so.

Maine: Supreme Court Declines to Hear State’s Medicaid Maintenance of Effort Case

The Supreme Court declined to hear Mayhew v. Burwell, putting to rest Maine’s proposal to drop Medicaid coverage for low-income 19- and 20-year-olds. CMS denied the proposal in 2012, arguing that it violated the ACA prohibition on states tightening Medicaid eligibility until 2019. CMS’ denial, which the State challenged as an unconstitutional coercion, was upheld by the U.S. Court of Appeals in 2014.

South Carolina: Governor Will Not Establish State-Based Marketplace

Governor Nikki Haley (R) affirmed that South Carolina would continue using HealthCare.gov even if the Supreme Court strikes down subsidies for states utilizing the Federally-facilitated Marketplace in its King v. Burwell ruling. According to a recent Kaiser Family Foundation study, over 154,000 South Carolinians, representing 90% of those who bought plans on the Marketplace, stand to lose their subsidies if the Supreme Court rules in favor of the plaintiff.