Yesterday a panel of judges on the D.C. Circuit Court of Appeals released their decision on Halbig v. Burwell, a case about subsidies in federally-facilitated Marketplaces.
Due to mis-wording in the ACA, the court ruled that consumers who purchase insurance in state-based marketplaces are eligible for tax credits to help pay for insurance while those who purchase through a federally-facilitated marketplace are not. Michigan is a state that uses the federally-facilitated marketplace.
What you need to know:
- If you purchased health insurance through the Marketplace, there is no immediate impact to your subsidies or coverage.
- It is likely the decision will be appealed almost immediately to the full D.C. Circuit Court of Appeals, which has a more favorable composition of judges.
- We are confident that when the full DC Court of Appeals reviews this case they will recognize, just as multiple other courts have ruled, that the clear intent of Congress was that all Marketplace enrollees receive the subsidies.