Wednesday, March 18, 2015

Obamacare Contingency Plan

Interesting idea reported in Forbes if the Supreme Court rules against Obamacare: Sources: HHS' Obamacare Contingency Plan Is To Ask States To Contract Exchange Work To The Feds - Forbes "Two sources who have spoken to HHS about the matter have informed me that the agency does in fact have a ‘Plan B’ to deal with an adverse ruling. It involves encouraging states to declare that they are subcontracting the management of an insurance exchange to HHS, thereby ‘establishing’ an exchange as per the law."

There's an update: "On Twitter, Jonathan Ingram points out that the statutory text of the now-infamous Section 1311 of the Affordable Care Act does specify that “a State may…enter into an agreement with an eligible entity to carry out 1 or more responsibilities of the exchange,” but that such an agreement must meet a number of specifications that the federal exchange may not meet." The one requirement at issue is it must be "a person incorporated under, and subject to the laws of, 1 or more States".

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