By now, most people have heard the argument. Section 1311 of the Affordable Care Act creates Advance Premium Tax Credits for individuals and families who earn up to 400% of the Federal Poverty Level and who purchase health insurance through “an Exchange established by the state.” Those six words – an Exchange established by the state – are at the heart of the controversy in the King v. Burwell case.
The case, which was argued before the Supreme Court on March 4th, questions whether the advance premium tax credits are only available through state exchanges, as a literal reading of the law suggests, or if the credits can be delivered in states using the Federally Facilitated Marketplace (FFM), Healthcare.gov.
This White Paper goes into the details of the case and the many possible outcomes.
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