Health & Welfare Plans Newsletter

BULLETIN
Supplement to
November 7, 2014

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Challenge to Obamacare Will Get U.S. Supreme Court Review
"A ruling blocking those [subsidies] might unravel the Affordable Care Act, making other provisions ineffective and potentially destabilizing insurance markets in much of the country. The high court's decision to hear the case comes days before the start of the law's second open-enrollment season. A decision will come by June. Health insurers, which have gained millions of new customers through the law, sank lower in New York trading." [ King v. Burwell , No. 14-1158 (4th Cir. July 22, 2014; cert. pet. filed July 31, 2014)] (Bloomberg)

Supreme Court to Rule on Health Care Subsidies
"The Supreme Court, moving back into the abiding controversy over the new health care law, agreed early Friday afternoon to decide how far the federal government can extend its program of subsidies to buyers of health insurance.... Rather than waiting until Monday to announce its action, which would be the usual mode at this time in the Court year, the Justices released the order granting review of King v. Burwell not long after finishing their closed-door private Conference.... Here is the question that the petition put before the Court: 'Whether the Internal Revenue Service may permissibly promulgate regulations to extend tax-credit subsidies to coverage purchased through exchanges established by the federal government under section 1321 of the ACA.' That is essentially the same issue that the D.C. Circuit has agreed to examine en banc. It is scheduled to hold oral arguments on December 17. Whether it would go ahead with that review, knowing now that the Supreme Court is going to decide the issue, is unclear at this point." (SCOTUSblog)

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