The National Health Law Program, along with AARP, filed an amicus brief
in the King v. Burwell
case that is currently before the U.S. Supreme Court. The plaintiffs in the case contend that subsidies can only be provided to consumers in State-based Marketplaces (SBMs) and that consumers in Federally Facilitated Marketplaces (FFMs) are not eligible for subsidies. The brief argues the elimination of premium tax credits for individuals in the FFM will make insurance unaffordable and inaccessible to millions of Americans, directly countering the ACA’s goals. The brief claims there is precedent that when the outcome of such a development would run completely against a statute’s intentions, the arguments must be rejected.