Legal teams will be facing off today in the nation’s high court as the Justices hear arguments in a case that could destroy the Administration’s vastly unpopular health care law.
The Daily Signal is reporting that oral arguments have begun at the U.S. Supreme Court in a case that will determine if millions of Americans will be permitted to receive the government subsidies that are making health insurance possible for them.
At issue in King v. Burwell is whether or not states operating on federal exchanges are permitted by law to extend subsidies to customers.
The Affordable Care Act specifically states that only those customers who purchase coverage through a state exchange can receive a subsidy. This provision was deliberately written into the law in order to force states to set up exchanges.
The tactic didn’t work and 34 states opted against creating their own exchange.
When the government realized too few states were going to operate an exchange to sell their pricey policies, the IRS issued a ruling that extended the tax credits to states using the federal exchange which is known as HealthCare.gov.
Opponents of the law say the IRS violated the law as written, but the government says that in order for the law to be successful, nationwide subsidies are needed.
It will now be up to the high court to determine if states using federal exchanges will be permitted to offer tax credits to their residents.
Unfortunately, Americans who are receiving subsidies on a federal exchange will have to wait until June for a decision on whether or not they will be able to afford their policies.
The government has already stated that it is so confident the justices will rule in their favor that they are taking no steps to determine what to do for those Americans who could lose their subsidies as a result of the ruling.
The Republicans in the House and Senate aren’t willing to take that chance, however, and are scrambling to come up with a plan to help those Americans who could lose their subsidies if the high court rules against the government.
According to an op-ed appearing in the Wall Street Journal, Reps. John Kline, Paul Ryan and Fred Upton say, “What about the people who will lose their subsidies – and possibly their coverage? No family should pay for this administration’s overreach.”
The Senate plan would allow customers to continue to receive their subsidies for a “transitional time” while steps are taken to make more affordable plans available to them.
Doctors are also devising plans to help patients who could lose their medical coverage such as lining up free clinics to care for patients with chronic illnesses and asking pharmaceutical companies to provide discounted drugs.
They are also encouraging people who are receiving subsidies through a federal exchange to move up their preventive care appointments to be sure these visits are covered before a potential loss of coverage. Patients should complete their lab work, get their prescriptions refilled and arrange for any preventive screening they may need.
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