The Countdown to King v. Burwell

Managed Healthcare Executive

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, authored an article in Managed Healthcare Executive, titled “The Countdown to King v. Burwell.”

Following is an excerpt:

Any day now, the Supreme Court will decide the highly anticipated King v. Burwell, which will determine the viability of a central mechanism of the Affordable Care Act (ACA)—tax credit subsidies for economically eligible citizens.

At issue is whether the program of tax credits applies only in exchanges set up by 16 states, and not at federally run sites in 34 states. The Obama administration’s economic model for the ACA depends upon the tax subsidies being generally available, and therein lays the significance of the case which puts a keystone element of the ACA at risk.

All pending cases on the subject of the ACA tax credits are contingent on what the Supreme Court decides in King v. Burwell. A ruling is expected before the month’s end.