"Yesterday two federal courts of appeal reached opposite conclusions on the question whether individuals in 34 states are eligible for federal subsidies when they purchase health insurance coverage. Depending on how this issue is resolved, it could have a significant impact on the future of the Affordable Care Act, including the employer mandate scheduled to take effect in 2015.
At the center of the controversy is the premium tax credit, which subsidizes the cost of health insurance for lower-income individuals. The statute says that the subsidy is available for coverage purchased on a health insurance exchange established by a state; but the statute is silent (at least in the view of some who seek to construe it) with respect to coverage purchased on an exchange established by the federal government. In 2012 the IRS issued a regulation confirming that the subsidy would be available for health coverage purchased on any exchange, state or federal."
To read more, click here.
ERIC members and trial members can also read more about the cases here.
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