Saturday, January 17, 2015

Preview Of Coming Attractions...... Is Your Legislator Preparing To Protect You?

By Coleen Elkins

Kuddos to Senator Brian Kelsey and State Representative Jeremy Durham of Tennessee. They filed legislation on Thursday to protect the citizens of Tennessee should The Supreme Court rule in favor of the plaintiff in King vs. Burwell. 

What is King vs. Burwell? It is a lawsuit sent to the Supreme Court to be heard.  This  means at the lower Courts there are mixed judgements (for and against) on the outcome and the case. The Justices agree the case has merit to be heard by the Supreme Court. 
Remember the Supreme Court must rule on "the letter of the law". In other words what it means exactly as it is written. 

In Senator Kelsey's words  "Plaintiffs in the lawsuit claim that the section of the law authorizing the government to distribute tax credits and assess penalties applies only when states choose to run their healthcare exchanges.  The law does not explicitly state that the tax credits and penalties apply when the federal government runs the exchange.  Tennessee is one of the 25 states that have chosen to force the federal government to run its exchange.  Senate bill 72 would prohibit Tennessee from running the exchange in the future if the plaintiffs receive a favorable ruling the case.  A decision on the case is expected by in June after the Tennessee General Assembly has adjourned. “This bill will stop the IRS from penalizing Tennesseans for not signing up for Obamacare,” said Senator Kelsey.  “It also prevents Tennessee from operating any Obamacare exchanges in the future.”

Hopefully legislators across the country have their fingers on the pulse of this case and are taking the necessary steps to be head of the outcome no matter what it is. We will be following this case weekly and monitoring what legislators are doing to protect their constituents. 

Proceeding begin the first week of March and a ruling is expected in June. 

You can visit the news pages of our websites http://www.yourmedicaremarketplace and http://www.yourhealthbenefitsmarketplace to stay in touch with the ever evolving changes in our healthcare benefits. 

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