King v. Burwell Has Been Decided, But There Is Still Work For States To Do

OLYMPUS DIGITAL CAMERAThe Supreme Court has ruled on the case, and affirmed the provision of tax-subsidies through the federally-facilitated marketplace (FFM), a decision potentially effecting more than 6.4 million Americans currently receiving subsidies in the 34 states. NASHP has released materials to help states as they prepare to take the next steps as they continue ACA implementation, in post-King era.

Statements issued by governors in light of the ruling hint at the future direction of potential reforms across states, in a new chart NASHP looks at What Governor’s are Saying About King v. Burwell

In a statement, NASHP Executive Director Trish Riley notes the 34 states that rely on the federal facilitated marketplace (FFM) can now move forward to examine and improve coordination between their Medicaid and CHIP programs, and to ensure a seamless coverage experience; consider ways to make coverage more affordable in their markets; design new exchange models to offer states more flexible roles; and carefully review opportunities to seek significant waivers in 2017 that will allow for more state experimentation in providing affordable, quality coverage.

Pre-Decision Materials:

While no states had legislated a back-up plan, a number of states considered bills for the creation of a state-based exchange. A State Refor(u)m chart outlines state legislative activity surrounding exchanges in the most recent session. See Trish Riley’s latest blog post on this legislation.

In an issue brief earlier this year, NASHP identified considerations and policy options for states pending the outcome of King v. Burwell.

A new brief from NASHP looks at one proposed model, New Mexico’s SBM.  This brief provides a detailed examination of New Mexico’s proposed model including an analysis of the applicability of the model to FFM or SPM, a breakdown of exchange responsibilities, and comparison to other existing marketplace models.