Federal Court: HC.gov Subsidies Are Illegal.

By choosing to have the government establish the exchange in their state, states have established an exchange.

If they really want to push the issue, states will just spend $9.99 with GoDaddy to register an exchange domain.

Nothing said a state had to build it, and in reality, not a single state did-all hired third parties. It only says "establish". Owning a website, purchased explicitly for the purposes of running an exchange which is a website by itself, should qualify as establishing if ever tested.

This nitpicking verbiage game goes both ways. Nothing is changing.

July 28, 2014

Establishing a State Exchange is not as simple as we thought...

Excerpt:
"In sum, for a state to “establish” its own exchange it must:
•Enact authorizing legislation or a have a properly issued executive order establishing the exchange;
•If the exchange is operated by an independent agency or non-profit, establish a properly constituted governing board;
•Have in place exchange governing principles;
•Fulfill all exchange functions, either itself or by contract with a private entity or under arrangement with HHS
•Provide funding for the exchange, which must be self-sufficient for 2015.

It is not enough for a state simply to set up a website. It is also not sufficient if a state Department of Insurance operates some functions in a partnership relationship with a federal exchange."

Source: Implementing Health Reform: What Makes A State Exchange? (Updated) – Health Affairs Blog
ac
 
July 28, 2014

Establishing a State Exchange is not as simple as we thought...

Excerpt:
"In sum, for a state to “establish” its own exchange it must:
•Enact authorizing legislation or a have a properly issued executive order establishing the exchange;
•If the exchange is operated by an independent agency or non-profit, establish a properly constituted governing board;
•Have in place exchange governing principles;
•Fulfill all exchange functions, either itself or by contract with a private entity or under arrangement with HHS
•Provide funding for the exchange, which must be self-sufficient for 2015.

It is not enough for a state simply to set up a website. It is also not sufficient if a state Department of Insurance operates some functions in a partnership relationship with a federal exchange."

Source: Implementing Health Reform: What Makes A State Exchange? (Updated) – Health Affairs Blog
ac

Isn't it amazing what lawyers can do......amazing.

If you were to look at the laws on immigration and what is being done you would know the laws on the books really don't matter much.

I'm sure it's the same with all kinds of stuff.

I'm really not sure why we vote anymore.....pastime perhaps.....
 
July 28, 2014

Establishing a State Exchange is not as simple as we thought...

Excerpt:
"In sum, for a state to “establish” its own exchange it must:
•Enact authorizing legislation or a have a properly issued executive order establishing the exchange;
•If the exchange is operated by an independent agency or non-profit, establish a properly constituted governing board;
•Have in place exchange governing principles;
•Fulfill all exchange functions, either itself or by contract with a private entity or under arrangement with HHS
•Provide funding for the exchange, which must be self-sufficient for 2015.

Source: Implementing Health Reform: What Makes A State Exchange? (Updated) – Health Affairs Blog
ac

Only thing I see in there that can't be done in one day with an EO is funding. That might take a few days to budget...

NY had no problem "establishing an exchange" overnight with an EO. I doubt the other states will have an issue if the need arises. State leaders know they're shooting themselves in the foot if they choose not to maintain subsidies. Taking away an entitlement after it's been received is not only unprecedented, it's political suicide.

In my head, I can't see any scenario actually happening that results in subsidies being lost, except for single payer...
 
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