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The U.S. Circuit Court of Appeals in Washington, D.C. has vacated a July ruling by a three-judge panel of that court striking down Obamacare subsidies issued through the federal exchange.

The full panel of the court will instead review that challenge in arguments expected in December.

Democratic appointees on the full court outnumber Republicans, and as Elise Viebeck notes in this post at The Hill, the ruling for a review by the full court is a victory for the Obama administration.

In July, the three-judge panel had ruled in Halbig v. Burwell  that tax credits under the Affordable Care Act can only be available to people who enrolled in new exchanges set up in states — not those who enrolled in the default federal program.

Hours later, though, the Fourth Circuit issued a contrary decision in King v. Burwell, upholding the availability of Affordable Care Act tax credits to health insurance purchasers on both state exchanges and the federal exchange.

In North Carolina, which did not set up a state exchange, more than 350,000 residents purchased health insurance on the federal exchange — and more than 90 percent did so with the assistance of subsidies.

 

Commentary

Medicaid expansionIn case you missed it, be sure to check out this story in the Charlotte Observer by Ann Doss Helms and Tony Pugh about North Carolina’s ongoing and self-destructive refusal to accept federal dollars to expand Medicaid to hundreds of thousands of North Carolinians in need. As the Helms and Pugh report:

North Carolina taxpayers could spend more than $10 billion by 2022 to provide medical care for low-income residents of other states while getting nothing in return, a McClatchy Newspapers analysis shows.

The Affordable Care Act tried to expand Medicaid to millions of low-income, uninsured adults. But many Republican-led states, including both Carolinas, opted out of the plan championed by President Barack Obama.

If the 23 states still rejecting Medicaid expansion stick with that decision, they’ll contribute $152 billion over 10 years to states that take the federal money, the analysis shows. North Carolina would be one of the top five contributors.

In other words, because of the refusal by Gov. McCrory, House Speaker Tillis and Senate President Pro Tem Berger to expand Medicaid, North Carolina is contributing to the utterly nonsensical situation in which it and other poorer states are subsidizing the provision of health care to low income people in wealthier states that have already expanded Medicaid.

The article also cites a pair of business economy experts for the proposition that the failure to expand is holding back the state’s economy: Read More

Uncategorized

Bloomberg News published a fascinating story yesterday (“Obamacare Losing Power as Campaign Weapon in Ad Battles”) about the gradual, but steady demise of the Affordable Care Act as a campaign issue for conservatives in the 2014 election. In illustrating the altered political landscape, the story features a North Carolina woman whose views have been changed dramatically.

“Republicans seeking to unseat the U.S. Senate incumbent in North Carolina have cut in half the portion of their top issue ads citing Obamacare, a sign that the party’s favorite attack against Democrats is losing its punch.

The shift — also taking place in competitive states such as Arkansas and Louisiana — shows Republicans are easing off their strategy of criticizing Democrats over the Affordable Care Act now that many Americans are benefiting from the law and the measure is unlikely to be repealed.

“The Republican Party is realizing you can’t really hang your hat on it,” said Andrew Taylor, a political science professor at North Carolina State University. “It just isn’t the kind of issue it was.”

The party had been counting on anti-Obamacare sentiment to spur Republican turnout in its quest for a U.S. Senate majority, just as the issue did when the party took the House in 2010. This election is the first since the law was fully implemented.

Now, Republicans are seeking a new winning formula, with the midterm election less than three months away.”

The story continues with the powerful example of a 44 year-old former Romney supporter from Raleigh: Read More

Uncategorized

The negative impact of the failure of state leaders to expand Medicaid under the Affordable Care Act is becoming truly gigantic. As the Asheville Citizen-Times reported over the weekend:

North Carolina will miss $51 billion in federal payments over the next decade unless lawmakers expand Medicaid under Obamacare, according to a new report.

Hospitals in the state would get $11.3 billion of that amount under an expanded system, the Robert Wood Johnson Foundation and Urban Institute say.

The report comes as hospitals across the nation are laying off workers. The health care sector cut 52,638 jobs nationally last year, making it second only to the financial industry in layoffs.

That’s $51 billion with a B, folks. For more details, check out this morning’s “Monday Numbers” over on the main PW site.

Click here to read a summary of the report.

Uncategorized

Last week’s unanimous Fourth Circuit ruling in King v. Burwell, upholding the availability of Affordable Care Act tax credits to health insurance purchasers on both state exchanges and the federal exchange, may be heading to the U.S. Supreme Court.

Yesterday, attorneys for challengers to that ruling filed a petition asking the high court to take the case next term.

Read the full petition here.