The Stage is Set: Predicting State and Federal Reactions to King v. Burwell

The significance of the Supreme Court’s decision to hear the King v. Burwell case cannot be understated. The case will have preeminent implications for consumers and industry stakeholders residing in the 34 states utilizing the Federally Facilitated Marketplace (FFM). A cornerstone of the law is in question and there is a very real possibility that nearly five million citizens enrolled through the federal marketplace may lose access to subsidized coverage. The intention of this document is to share potential contingency options that Leavitt Partners believes are likely to be considered under two scenarios characterizing a Supreme Court ruling in favor of King.