THE AFFORDABLE CARE ACT SURVIVES SUPREME COURT SCRUTINY AGAIN

In a 6-3 decision penned by Chief Justice John Roberts, the United States Supreme Court held that the Patient Protection and Affordable Care Act of 2010 (the "ACA") requires the government to provide tax subsidies to all eligible middle and lower-income people purchasing their health insurance through both the state and federally sponsored health insurance exchanges created by the ACA. The case, titled King v. Burwell, represents the last major legal challenge to the central provisions of the ACA, and the ongoing battle over the existence of the law will return to the realm of electoral politics.

General coverage

Specific issues

Commentary

What's next?

With the ACA status quo firmly in place for the time being, focus will likely shift to healthcare costs and the related battle over recently filed requests for health insurance premium increases which must be approved by state and federal regulators across the country. [The Wall Street Journal, The Wall Street Journal, The New York Times]

ICYMI...

Noteworthy links from the past two weeks.

General

  • NY Governor Cuomo named Anthony Albanese Acting Superintendent of Financial Services [ Dentons client alert]
  • Senator Elizabeth Warren urged Governor Cuomo to select one of her proteges to lead NYDFS [International Business Times, The Hill]
  • City and State speculated about other possible successors [City and State]
  • New York magazine interviewed outgoing Superintendent Lawsky about his tenure [New York Magazine]
  • Governor Chris Chrystie appointed civil litigator Richard Badolato as his new insurance and banking commissioner [Law360]
  • California Commissioner Jones appointed John Finston as General Counsel for the California Insurance Department [California Department of Insurance]
  • Nevada Insurance Commissioner Scott Kipper announced his resignation [Las Vegas Sun]
  • A federal judge held that the government acted illegally in its bailout of AIG but refused to award any damages to plaintiff and former AIG CEO Hank Greenberg [The New York Times]
  • Greenberg vowed to appeal the decision [The New York Times]
  • Meanwhile, Greenberg's long battle with the New York Attorney General's office continued [Business Insurance]
  • The Supreme Court declined to hear a lawsuit against Tennessee claiming that it had imposed taxes on insurers in retaliation for certain New York surcharges [Law360]

Life & Health

Property & Casualty

  • The FAA approved the use of drones for insurance claims adjusting. [Insurance Networking News]
  • The Street considered the advantages and disadvantages of mileage-based auto insurance. [The Street]
  • New York Senator Chuck Schumer found fault with the federal flood insurance program's claims handling after Hurricane Sandy. [International Business Times]

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