The Supreme Court ruled today with a vote of 6-3, in favor of upholding federal subsidies for individuals who purchased health insurance coverage through a public Exchange, regardless of whether or not the State or Federal Government ran the Exchange. The question in the case, King v. Burwell, No. 14-114, was what to make of a phrase in the law that seems to say the subsidies are available only to people buying insurance on “an exchange established by the state.”
Dissenting justices included Justices Antonin Scalia, Samuel Alito and Clarence Thomas and criticized the majority for performing “somersaults of statutory interpretation”.
It seems clear at this time the law will only change via legislation. Perhaps it is time to pressure our legislators to make meaningful changes to the ACA. Recently, the American Benefits Council released legislative recommendations to improve the ACA and preserve employer-sponsored health care, including:
– Ending the Cadillac tax
– Modify or eliminate the employer mandate
– Simplify employer reporting requirements