Congress Begins Planning for King v. Burwell

In the event that the plaintiffs prevail in King v. Burwell and subsidies through the Federally-facilitated Marketplace are struck down, Congress has begun planning a response for the millions of people who stand to lose subsidies to buy insurance, as reported by The Hill. Republicans introduced multiple competing proposals mainly focused on a transition period that would temporarily delay the loss of subsidies immediately following the decision. It is unclear which, if any, proposal will garner enough support to move forward, with some Republicans continuing to push for full and immediate repeal of the ACA through the reconciliation process. Democrats are expected to introduce a one-page bill modifying the one sentence at issue in the case.

Pennsylvania: Governor Declares Intent to Implement State-Based Marketplace as King v. Burwell Contingency Plan

Pennsylvania Governor Tom Wolf (D) declared to the federal government the State’s intent to implement an individual and SHOP State-based Marketplace for plan year 2016 in advance of the Supreme Court’s decision in King v. Burwell, which could impact nearly 382,000 Pennsylvanians currently receiving subsidies to purchase health insurance through the Federally-facilitated Marketplace. The Governor detailed in his letter that Pennsylvania would operate the State-based Marketplace, but would utilize the federal eligibility and enrollment technology infrastructure. The Governor’s declaration does not require the State to formally submit an application, but ensures it has the option to do so after the King v. Burwell case is decided.