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Wednesday, Feb 25 2015

Full Issue

Burwell: No Back-Up Plan If High Court Overturns Obamacare Tax Credits

In a letter to Congress Tuesday, the secretary of Health and Human Services says a court decision striking down the subsidies on the federal marketplace would do "massive damage," and the administration would not have authority to fix the problems.

The Obama administration told Congress on Tuesday that it had no plans to help low- and moderate-income people if the Supreme Court ruled against the administration and cut off health insurance subsidies for millions of Americans. Sylvia Mathews Burwell, the secretary of health and human services, said a court decision against the administration would do 鈥渕assive damage鈥 that could not be undone by executive action. (Pear, 2/24)

The Obama administration has no way to repair the damage that would result from a Supreme Court decision against Obamacare that would make health care unaffordable for millions of Americans, a top health adviser said on Tuesday. The Supreme Court is expected to rule by the end of June on whether residents in at least 34 U.S. states are eligible for federal tax subsidies to help them buy health coverage under President Barack Obama's Affordable Care Act. Oral arguments are scheduled for March 4. (Abutaleb, 2/24)

Supporters and opponents of the challenge agree that if the court abruptly rules the credits invalid, the impact on the law would be considerable. That is where the consensus ends. Supporters say this disruption is a reason the court should uphold the tax credits. Opponents maintain the Obama administration is being irresponsible by refusing to detail solutions. 鈥淭his letter is clear and it is consequential. If the Supreme Court rules against the administration, President Obama does not have the authority to use administrative actions to undo the decision,鈥 said [Sen. John] Barrasso, who is one of three Senate Republicans tasked by Majority Leader Mitch McConnell with shaping a GOP replacement plan if the court sides with the challengers in the case. 鈥淩epublicans are preparing for the ruling and are committed to helping the millions of Americans who have been hurt by the White House鈥檚 decision to illegally implement Obamacare.鈥 (Radnofsky, 2/24)

The letter from Health and Human Services Secretary Sylvia M. Burwell continued the administration's tough stance in its building confrontation with Republican lawmakers in advance of an expected Supreme Court decision in June. In that case, conservatives and Republicans argue that Obama's 2010 health care law only provides government subsidies for people buying health coverage through marketplaces established by the states. Just 13 states established their own marketplaces, while the remaining 37 use the federal government's HealthCare.gov. (Fram, 2/24)

Burwell acknowledged the severe damage that a decision against the administration would cause. 鈥淔irst, millions of people would lose their health insurance subsidies and therefore would no longer be able to afford health insurance; second, without tax subsidies healthy individuals would be far less likely to purchase health insurance, leaving a disproportionate number of sick individuals in the (non-group) market, which would raise the costs for everyone else; and, third, states that did not establish a state marketplace would return to a time when the recourse for those without insurance was to seek care in hospital emergency rooms, further driving up insurance costs for everyone,鈥 Burwell wrote. (Pugh, 2/24)

If the Supreme Court rules against a key Obamacare provision, the White House won鈥檛 be able to save it. On Tuesday, Health and Human Services Secretary Sylvia Mathews Burwell told lawmakers on Capitol Hill that the Obama administration has no tricks up its sleeve to manage the potentially looming disaster if the Court strikes down federal subsidies for millions of Americans in the 37 states that rely on the federal exchange. (Ehley, 2/24)

The case, King v. Burwell, involves the tax credits meant to subsidize health insurance under President Barack Obama's landmark health law. The Affordable Care Act says people who sign up for health insurance through state-run exchanges are eligible for federal credits, but doesn't state specifically that people who enroll on the federal exchanges also qualify. The tax subsidies are essential to Obamacare's success; the vast majority of people who have enrolled receive some type of credit. (Acosta and Liptak, 2/24)

The case, King v. Burwell, involves the tax credits meant to subsidize health insurance under President Barack Obama's landmark health law. The Affordable Care Act says people who sign up for health insurance through state-run exchanges are eligible for federal credits, but doesn't state specifically that people who enroll on the federal exchanges also qualify. The tax subsidies are essential to Obamacare's success; the vast majority of people who have enrolled receive some type of credit. (Williams, 2/24)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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