Affordable Care Act & Supreme Court ruling

In late June, the Supreme Court of the United States released their decision on the highly publicized King v. Burwell case regarding the Patient Protection and Affordable Care Act.  The Court considered two possible scenarios in its decision:

1. Adhere to the strict reading of the law that subsidies may only be available in exchanges established by each state. This would leave consumers of states that opted into the federal exchange unable to apply for tax credits.
2. Rule based on the intent of the law for universal availability of subsidies in all states and all exchanges. This would allow all eligible consumers whose coverage is through the exchange to apply for tax credits.

The Court’s decision states that subsidies will continue to be available for all eligible consumers who purchase health insurance through the exchange in all states, not just in those with state-based exchanges.  Delaware has a “partnership” exchange where the state and federal government work together.  There are a significant number of Delawareans currently receiving tax credits to reduce their insurance premiums for the plans purchased through the FFM (Federally-Facilitated Marketplace exchange).  Delawareans were at risk of losing their tax credits had the Court ruled under the strict reading of the law.
Now, consumers who purchase health insurance coverage on their own need to focus on what to do next.  Here are key dates that consumers should discuss with their agent or broker:

• November 1st, 2015: Is the beginning of the “open enrollment” period where consumers can select and enroll in a 2016 plan.  It is also the time for currently enrolled consumers to make changes to their plan for 2016.
• December 15th, 2015: Is generally the last day to enroll in a new plan that will begin on January 1st, 2016.
• January 31st, 2016: Is the last day of the “open enrollment” period.  There will not be another opportunity to purchase coverage without a “qualifying life event” until the following year’s open enrollment.