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Affordable Care Act Update: Supreme Court Decision Coming Soon 6.12.15

June 17, 2015

The U.S. Supreme Court will soon rule on the case of King v. Burwell, which could determine whether millions of low- and middle-income people can continue to receive a major source of financial assistance that helps them afford health coverage. The Society, ACS CAN, and numerous other public health groups hope the Court will decide that the Affordable Care Act enables qualified people who buy a health plan in either the federal marketplace or a state marketplace to receive federal tax credits that help to offset the costs of coverage. A contrary ruling could make health coverage suddenly unaffordable for the estimated 6.4 million people in 34 states who bought their health plan in the federal marketplace.

 In a friend-of-the-court brief filed in January, the Society, ACS CAN, American Diabetes Association, American Heart Association, and National Multiple Sclerosis Society argued that Congress clearly intended for tax credits to be available in both the federal marketplace and state marketplaces. The brief cited the Society’s own peer-reviewed studies showing that people with health coverage tend to be diagnosed with cancer at earlier stages and have a better chance of survival than are the uninsured. We urged the Court to strongly consider the case’s serious implications for people who depend on tax credits to afford health coverage.

 If the court upholds the tax credits in the federal marketplace, we and our partners will celebrate the continuation of lifesaving health coverage for millions of people nationwide. But if the Court invalidates tax credits in the federal marketplace, ACS CAN will immediately call on the administration, Congress, and state governments to preserve access to quality, affordable health care for those at risk of becoming uninsured or going deep into debt to pay for needed care. We will pledge to work with officials in a bipartisan manner to seek an appropriate solution on behalf of people with cancer and their families.

 According to the Court’s calendar, a decision could come as soon as Monday, June 15. The 22nd and 29th are also possible and perhaps more likely, given that major decisions often come at the very end of the Court’s term. The Court could also decide to designate additional days before or after the 29th for issuing decisions. Whenever the decision comes out, ACS CAN will launch internal and external communications designed to inform staff, volunteers, lawmakers, the media, and the public at large about the ruling and its impact on patients.

 Attached is an overview of the case prepared by the ACS CAN Policy Team. We will keep you updated as developments arise.