DR. JOHN SPARKS: OBAMACARE ON THE LEGAL DEFENSIVE ONCE AGAIN |
The Supreme Court has agreed to hear King v. Burwell largely because of the gravity of the issue—subsidies for an estimated 5 million people hinge on the outcome as well as other consequences. The key issue is a matter of “statutory construction.” Congress has passed a law, albeit a long and complex one, and in that law there is language which has a plain and unambiguous meaning on its face. The subsidies which reduce the cost of health care insurance for the purchaser are only available for health plans “enrolled in through an Exchange established by the State under section 1311” of the ACA. The federal exchanges are not established by the state. Therefore, plans purchased on those exchanges do not qualify for the subsidies.
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