U.S. District Judge Rules Against Obamacare Subsidies

By  //  October 3, 2014

Share on Facebook Share on Twitter Share on LinkedIn Share on Delicious Digg This Stumble This

OBAMA ADMINISTRATION TO APPEAL RULING

A federal judge in Oklahoma ruled Tuesday that people in states that purchase health insurance on the Affordable Care Act’s (ACA, aka Obamacare) federal insurance exchange are not eligible for premium subsidies to help them pay for coverage.

14967691_SA

Eastern Oklahoma District Court Judge Ronald White, a George W. Busch appointee to the federal bench, ruled against allowing premium tax credits for health insurance policies purchased through the federal exchange in states that have not established their own exchange.

U.S. District Judge Ronald White, who was appointed by Republican President George W. Bush George, invalidated an Internal Revenue Service rule that interpreted the ACA to allow premium tax credits in states that have not established their own exchange, and wrote, “The court holds that the IRS Rule is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law.

In response to the argument that striking down the subsidies may disrupt the entire healthcare reform law, Judge White wrote, “Congress is free to amend the ACA to provide for tax credits in both state and federal exchanges, if that is the legislative will.”

i-medical_malpractice-300x248

The issue of whether the subsidies in states that have not established their own insurance exchange are legal is being fought in several courts across the country and will most likely end up being decided by the U.S. Supreme Court.

With a spokesman from the U.S. Department of Justice declaring immediately after the ruling that the Obama administration will appeal his decision, White put his ruling on hold pending that appeal, which means subsidies will continue to be available in Oklahoma.

The issue of whether the subsidies in states that have not established their own insurance exchange are legal is being fought in several courts across the country and will most likely end up being decided by the U.S. Supreme Court. The outcome of the legal challenge will determine whether the subsidies will be available in all 50 states or only in some, and be pivotal in the ultimate sustainability of Obamacare.


Click here to contribute your news or announcements Free