After Halbig: Considerations for States Revisiting the Option to Establish a State-Based Marketplace

By Kevin Lucia and Justin Giovannelli

Last month, a federal appeals court ruled that the Affordable Care Act does not authorize premium subsidies for low- and middle-income consumers who purchase health coverage through one of the law’s federally run insurance marketplaces. The Halbig court isn’t the only one to weigh in on this contentious issue, and it won’t be the last. But if its ruling does hold up, the repercussions are severe:  millions of people in states with federal exchanges will lose their premium tax credits and the insurance markets in those states will be dramatically disrupted.

Fortunately, policymakers in the 34 states with a federal marketplace have choices they can make, now, that can help ensure their residents maintain access to affordable private health coverage. In a new post for The Commonwealth Fund, Kevin Lucia and Justin Giovannelli explore the options available for these states to transition to a state-based marketplace model, thereby avoiding Halbig’s adverse effects. You can read the full post here.

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