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Afternoon Must-Read: Tim Jost: Another Perspective on King v. Burwell - Washington Center for Equitable Growth

The phrase ‘Exchange established by the State’ in fact appears ten times in the ACA…. As a condition of having a state Medicaid program… a state must, as of January 1, 2014 have in place procedures for enrolling in Medicaid and CHIP eligible individuals who are identified through an ‘Exchange established by the State.’… As a condition of approval of a state CHIP program, HHS must… review the benefits offered… by qualified health plans through an ‘Exchange established by the State’ and certify that they are least comparable…. So how can we avoid shutting down the Medicaid and CHIP programs, and destroying the individual insurance markets in two thirds of the states? It is simple. The court should read carefully all of the provisions of the law relevant to the federal exchange and premium tax credits so as to achieve a ‘harmonious whole,’ the way the court has often said statutes should be read…