McGuireWoods LLP and McGuireWoods Consulting hosted a 30-minute teleconference featuring Russ Sullivan discussing the impact of King v. Burwell on healthcare delivery and a host of related issues. As former staff director of the Senate Finance Committee from 2004-2013, Russ offers insight as a McGuireWoods Consulting senior advisor and as someone who played a key role during the drafting of the Affordable Care Act. Jay McElligott, partner in our employee benefits practice, provided legal insight relating to the employer’s perspective (for more information, see his recent alert discussing aspects of the case). Scott Becker, chairman of the McGuireWoods Healthcare Department, moderated the discussion.
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9 Questions that were Discussed
- What do you think will be the outcome of the case?
- What will happen with the roughly 5 million to 6 million that receive subsidies in states via federal exchanges?
- What impact would a ruling for the plaintiffs have on businesses?
- Will states add exchanges? (Currently, 36 states have not added state-run exchanges.)
- Wasn’t the intent of the law, as written, to encourage states to set up exchanges?
- The IRS in 2012 decreed that subsidies would be extended to all states, not just those with state exchanges. Can the IRS do this?
- How will this impact providers?
- How will this impact insurance companies? Will it lead to a rise in premiums for others?
- Where will the 6 million now go for health coverage? The same places the uninsured have always gone?