Manatt's Joel Ario, a managing director with Manatt Health Solutions, was interviewed by Modern Healthcare for an article on the approach that states are taking to a subsidy lawsuit being heard by the U.S. Supreme Court.
Modern Healthcare reports that the Supreme Court decided to take up the King v. Burwell case, which could invalidate federal premium subsidies in the 34 states, such as Illinois, that did not establish their own exchanges and instead rely on HealthCare.gov for enrollments. The Illinois Legislature is poised to approve legislation that would establish a state-based insurance exchange, but Illinois is the exception when it comes to states without their own exchanges.
Ario said he doesn't think it's likely that the Supreme Court's decision to take up the subsidy lawsuit will spur states to act. "Unfortunately, I see lines hardening in the short run," he said. "This lawsuit leaves the states dangling while the Supreme Court debates whether to pre-empt the political process."