The Administration has no backup plan if the Supreme Court rules against it in the King v. Burwell case that challenges a key the Act, the head the HHS said in a letter to Sen. John Barrasso (R-Wyo).
“We are confident we will prevail” in the lawsuit, said Sylvia M. Burwell, Secretary the Department and Human Services, “because the text and structure” the “demonstrates that citizens in every state would be entitled to , regardless whether they purchased their in a federal or state .”
A ruling against the Administration “would cause massive damage,” she said. Millions would lose their subsidies and be unable to afford . Healthy individuals would opt out , leaving insurers with a percentage sick customers, and those without would seek in hospital emergency rooms, driving up healthcare costs.
“We know no administrative action that could, and therefore have no that would, undo the massive damage to our system that would be caused by an adverse action,” she wrote.
The ‘King’ plaintiffs argue that subsidies granted in 37 states that don’t operate their own exchanges are illegal. The case will be argued on March 4, with a decision expected in June.