Stuart Gerson Quoted in “Attorneys React to Supreme Court’s ACA Save”

Law360

Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care & Life Sciences practices, in the firm's Washington, DC, and New York offices, was quoted in Law360, in “Attorneys React to Supreme Court's ACA Save.” (Read the full version — subscription required.)

Following is an excerpt:

“The case is much more important as a statutory interpretation and administrative law case than it is as a health care case. In sum, the subsidies were upheld as to economically eligible persons in all states, whether their exchanges are state or federal exchanges. The court held that the term ‘State’ in the provision at issue was, in context, ambiguous. It declined Chevron deference but held that in the total context of the statute and what Congress was trying to establish, the whole ACA scheme would collapse if the subsidies/tax credits were not available. It’s an important win for the administration and for health insurers and their customers because the decision in King won’t, in itself, require rate increases and open season can go forward without a hitch. Context wins over text.”