On Tuesday, a federal judge , allowing a lawsuit to proceed that challenges聽whether the government can legally provide some聽health plan subsidies. The subsidies are being聽given to people who meet certain eligibility requirements to help pay for coverage purchased from the new online insurance marketplaces.
According to press reports, the plaintiffs’ argue that these subsidies cannot be used for policies sold聽on healthcare.gov, the federal health insurance marketplace.聽 They maintain聽that the law, as written, stipulates that the subsidies are for use on聽state exchanges. More than 30 states opted聽not to create an exchange and instead defer to the federal government.
U.S. District Judge Paul Friedman did not聽grant a preliminary injunction to prevent the financial assistance from being available while the case, , works its way through the courts. In August, a federal judge in Oklahoma allowed a similar case to go forward.
In a Kaiser Health News column published last November, Stuart Taylor dissected the key issues in play as these lawsuits continue. .
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