The big news of the day, in case you haven’t seen it, is that the Supreme Court has agreed to hear the case challenging the government’s ability to hand out premium tax credits and cost sharing subsidies through Federally Facilitated Marketplaces. 36 states currently use the FFM, Healthcare.gov.
Three cases challenging the subsidies have already been decided in lower courts – two that ruled the subsidies unconstitutional and one that gave them the green light – with one case still pending. As many predicted, the Supreme Court will have the final say.
Arguments will likely begin in March of 2015, just after the end of this year’s open enrollment period, with a decision likely sometime next summer. While this is certainly something we’ll be keeping our eyes on, any future ruling does not impact the subsidies during this year’s enrollment period, so brokers who have a plan to enroll a lot of individuals starting later this week should stick to the plan. We all know that the Affordable Care Act has changed considerably since it was signed into law and is continuing to evolve, but brokers who wait until all the changes are made will miss a lot of opportunities along the way.