The U.S. Supreme Court heard oral arguments Wednesday in King v. Burwell, the latest challenge to the viability of the Affordable Care Act. The petitioners, David King and others, argued that the ACA’s statutory language only allows federal subsidies to be paid to lower-income individuals who purchase health insurance coverage under a health care exchange or marketplace established by a state.

The petitioners also argued that the Internal Revenue Service regulation that allows subsidies to be paid under all exchanges, regardless of whether they are established by a state or by the U.S. Department of Health and Human Services on a state’s behalf, is invalid. The federal government, in response, argued that the ACA permits subsidies to be paid in all exchanges, and that the applicable IRS regulation was authorized under the ACA. 

Register or login for access to this item and much more

All Employee Benefit Adviser content is archived after seven days.

Community members receive:
  • All recent and archived articles
  • Conference offers and updates
  • A full menu of enewsletter options
  • Web seminars, white papers, ebooks

Don't have an account? Register for Free Unlimited Access