States' rights a focus in King v. Burwell oral arguments

The Supreme Court today heard oral arguments in King v. Burwell, which asks whether subsidies are available for patients in the 34 states whose health insurance exchanges are federally facilitated. “Although the ultimate outcome is too-close-to-call, Justice Kennedy’s suggestion that a ruling for the challengers would infringe on states’ rights could hold the key to a win for the government,” wrote Sean Marotta, AHA outside counsel, blogging today for AHASTAT. In January, AHA and other national hospital associations filed an amicus brief supporting the subsidies for states that rely on the federal exchanges, noting that more than 9 million people could lose health care coverage if those subsidies are removed. “You can’t tell a Justice’s vote by his or her questions, so we’ll have to await the ruling expected in June,” noted AHA President and CEO Rich Umbdenstock, in a separate AHASTAT post. “The AHA is working very closely with the state hospital associations to be fully prepared. Too many Americans, communities and providers have too much at stake to do anything else.”