The Courts May Have Just Checked Trump’s Ability To Sabotage Obamacare
In a ruling that states can sue the administration if insurer subsidies are cut off, the courts may have taken away a powerful negotiating tool President Donald Trump has been using during the health care debates. “We’re not going to wait to find out what Donald Trump wants to do,” says California Attorney General Xavier Becerra, who is helping steer the states’ involvement. “My team is ready to defend these subsidies in court.”
The Associated Press:
Court Complicates Trump’s Threat To Cut ‘Obamacare’ Funds
President Donald Trump’s bold threat to push “Obamacare” into collapse may get harder to carry out after a new court ruling. The procedural decision late Tuesday by a federal appeals panel in Washington has implications for millions of consumers. The judges said that a group of states can defend the legality of government “cost-sharing” subsidies for copays and deductibles under the Affordable Care Act if the Trump administration decides to stop paying the money. (Alonso-Zaldivar, 8/2)
Modern Healthcare:
Appeals Court Rules States Can Fight To Preserve ACA Subsidies
A three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit held that 16 state attorneys general may intervene in House v. Price because they showed a "substantial risk" that terminating the cost-sharing reduction payments, or CSRs, would "directly and imminently" cause an insurance premium hike and lead to more people becoming uninsured. (Livingston, 8/2)
Sacramento Bee:
California, 16 Other States Say They’ll Defend Obamacare Subsidies
Now that California, 16 other states and the District of Columbia have been given legal standing in a critical court appeal, California Attorney General Xavier Becerra said Wednesday they will fight to preserve the federal funds that underpin their Obamacare health exchanges if the Trump administration bows out of the lawsuit. ...In this legal case, Republicans in the U.S. House of Representatives filed suit in 2014 against then-Secretary of Health and Human Services Sylvia Burwell, asserting that she had overstepped her authority by appropriating billions of dollars to cover discounts that insurers were mandated to give low-income consumers under the Patient Protection and Affordable Care Act, commonly called Obamacare. (Anderson, 8/2)
Boston Globe:
Healey Praises Court Ruling That Could Help Preserve Health-Care Subsidies
The District of Columbia Court of Appeals ruled Tuesday evening that 16 attorneys general — including Maura Healey of Massachusetts — could intervene in a lawsuit involving those subsidies, known as cost-sharing reductions. That means the coalition of 15 Democratic states and Washington, D.C., can appeal a ruling or block a settlement in the suit. (Freyer, 8/2)
Politico:
Lawyers, Lawmakers Leave Trump Administration In Limbo On Obamacare Subsidies
The administration has slowed a decision to hear from lawyers, who are studying how the payments could be ended and what legal liabilities the administration could face if the payments stop, according to administration officials. Lawyers and some administration officials have raised questions about ending the payments but are expected to offer an analysis later in August, West Wing officials said. One official said the analysis could arrive as soon as next week. A different official said the White House was in no hurry and wanted to consider all factors before making a decision. Another payment is due approximately Aug. 22. (Dawsey and Haberkorn, 8/2)
Kaiser Health News:
Despite Insurers’ Tactical Win On ACA’s Cost-Sharing Payments, Uncertainty Lingers
Health insurers have won powerful allies in a fight over federal subsidies that President Donald Trump has threatened to cancel for millions of people who buy insurance through the Affordable Care Act. A federal appeals court ruled late Tuesday that Democratic state attorneys general favoring the subsidies can join a court case brought by the Republican-led House of Representatives. That three-year-old challenge could determine the fate of those subsidies. (Hancock, 8/2)
