This week, two federal circuit courts ruled on whether individuals residing in states with federally-facilitated marketplaces – including New Hampshire – are eligible to receive insurance premium tax credits under the Affordable Care Act. For now, there is no change for those who receive subsidies for coverage under the ACA, but there is still much legal wrangling ahead. You can read a bit more about the impact in the Concord Monitor (subscription required).
When the ACA was approved, it allowed states to set up their own health care marketplaces, but lawmakers here in N.H. chose not to, leaving the federal government to do so on behalf of the state. Opponents of the law are challenging an IRS decision that makes subsidies available through the federally-run marketplaces in addition to the state-run marketplaces. The two court decisions issued this week essentially disagree over whether the IRS was correct when it allowed that. It’s not immediately clear what happens next, but it appears the White House will ask for a review of the decision to strike down the subsidies.
Members of SEA/SEIU Local 1984 have long been dedicated to ensuring that everyone has access to good, affordable health care. We played a role in bringing the Affordable Care Act to fruition and helped many sign up for coverage. These legal challenges – much like the dozens of repeal attempts by Congress – threaten to again put healthcare out of reach for millions of Americans. We’ll keep you updated as this story progresses.