Tuesday, August 5, 2014

No, question is Should It?

Can Obamacare Succeed Without Subsidies?

By Doug Podolsky, Aug. 4, 2014, Usnews.com

President Barack Obama's signature health care reform law, the Affordable Care Act, faces new scrutiny in the courts, raising additional questions about the future of Obamacare. In late July, two federal appeals court panels issued contradictory rulings within hours of each other on the legality of one of the law’s key components: subsidies to help people pay for health insurance.

At issue in both lawsuits was whether the wording of the law authorizes the government to make tax credits available to subsidize the cost of health insurance premiums for millions of qualifying middle- and low-income Americans who purchase insurance using healthcare.gov, the federal exchange, or only for those who use state-run marketplaces. The reasoning behind the opposing rulings boiled down to whether the judges strictly interpreted the letter of the health care law or its spirit.

Halbig v. Burwell was brought by a group of individuals and employers from states that did not establish their own exchanges and objected to the subsidies and the law’s mandate that they buy insurance. A West Virginia man who joined the lawsuit, for example, admits to being at least partly motivated by opposition to “government handouts,” and would rather avoid the choice of purchasing health insurance – even at a subsidized cost of less than $21 per year – or facing a tax penalty, according to court documents.


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