Healthcare high-stakes showdown in Supreme Court

By Paul Demko, Crain News Service

WASHINGTON (March 4, 2015) — Politicians, healthcare providers, protesters and a host of onlookers began gathering early this morning to rally on the steps of the Supreme Court, all voicing their hopes for how the court justices will vote after hearing oral arguments in the case.

Rep. Louie Gohmert (R-Texas) said, “We're hoping the Supreme Court will actually do the right thing.”

Rep. Gohmert and others opposed to the Affordable Care Act (ACA) hope the court will agree with plaintiffs in the case — King v. Burwell — that federal insurance subsidies should only be given to individuals who purchase coverage through state-based exchanges and not to those in states relying on the U.S. Department of Health and Human Services (HHS) to run their insurance marketplace.

A ruling against subsidies could cause what some are calling a death spiral for the ACA as those who can no longer afford coverage drop out and only the sickest turn to exchange-based plans for coverage.

Dr. Donna Hurlock, a gynecologist from Alexandria, Va., also outside the Supreme Court today, noted, “Whoever pays for healthcare, controls healthcare.”

The central question of the case is whether the language of the (ACA) allows Americans in up to 37 states relying on HealthCare.gov for enrollment to receive premium tax credits. The Internal Revenue Service has been interpreting the law to allow subsidies in all states — a position the challengers say is wrong. A decision in the case is expected in June.

Commenting on the language in question, Rep. Joe Barton (R-Texas), said: “This was not inartful language. They intentionally set this up.”

This report appeared on the website of Crain's Modern Healthcare magazine, a Chicago-based sister publication of Tire Business.