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June 22, 2015

Anticipation Builds for Supreme Court Decision in King v Burwell

The Supreme Court is wrapping up its October 2015 term, and one of the expected key decisions is the court's ruling in KING V. BURWELL (14-114) by the end of this month. At issue is whether the IRS regulations extending tax-credit subsidies to coverage offered through federal Exchanges is appropriate.  Section 36B of the Internal Revenue Code was enacted as part of the Patient Protection and Affordable Care Act ("ACA") and authorizes federal tax-credit subsidies for health insurance acquired through an "Exchange established by the State under section 1311" of the ACA.

As of today, it appears that KING V. BURWELL will be part of the last grouping of decisions released.  Many analysts expect a split court with the outcome riding on Justices Kennedy and Roberts.  A finding that the IRS’s regulations are invalid would have a significant impact on 6.4 million Americans living in 34 states who have acquired health insurance through federal exchanges.  The NY Times recently published an article, The Health Care Supreme Court Case: Who Would Be Affected?, which summarizes the affects following a decision against subsidies in the federal marketplace.

Keep in mind the reform is ever-changing. To keep up to date, subscribe to our blog. For further questions regarding the ACA, please contact Steve Dunavant at sdunavant@cbiz.com or (901) 685.5575.


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