Appeals Courts Issue Conflicting Rulings On Key Obamacare Provision
Bob Christenson, partner in the Atlanta office, was quoted in a July 22, 2014 Atlanta Business Chronicle article about conflicting rulings on whether the health insurance exchanges operated by the federal government in 34 states under Obamacare - including Georgia - may offer tax subsidies.
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled that the language in the Affordable Care Act only permits subsidies for qualified Americans who enroll in state-run exchanges.
Another federal appeals court based in Richmond, VA, upheld the subsidies within hours of the decision.
The offering of tax breaks to help uninsured Americans afford to sign up for Obamacare is critical to the viability of the federal health-care reform law, said Bob.
“This is a dagger in the heart,” he said, referring to the first ruling. “I don’t think the law works without the subsidy in the federal exchanges.”