Sec. 101. State options in response to Burwell decision
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Each State may elect, through written notice to the Secretary after the date of the enactment of this Act and in accordance with this subtitle, one of the following three options in relation to the implementation of title I of the Patient Protection and Affordable Care Act after the decision of the Supreme Court in King v. Burwell: Under current law, the State establishing a health insurance Exchange under title I of PPACA, which thereby permits the continuation of Federal premium and cost-sharing subsidies for coverage offered through the Exchange as well as continuation of insurance and other requirements under such title.
Under current law, the State not establishing such an Exchange, potentially resulting, post-Burwell, in the loss of such Federal premium and cost-sharing subsidies and the continued application of other requirements under such title. The State implementing the alternative option described in section 102, which includes— the waiver of most requirements imposed under such title; and the provision of a new, HSA- and market-based deposit system for individuals who do not otherwise qualify for Federal or State subsidies for health benefits coverage.
If a State fails to make an election described in this subsection, the State shall be deemed to have made the election described in paragraph (2). A State may, through written notice to the Secretary, change an election previously made under this subsection. Nothing in this section shall be construed to change the option of a State with respect to the implementation of Medicaid ACA coverage under section 1902(a)(10)(A)(i)(VIII) of the Social Security Act ( 42 U.S.C. 1395a(a)(10)(A)(i)(VIII) ), except that a State that elects not to provide medical assistance to individuals under such section may make such individuals deposit qualifying residents under this title.
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Sec. 101
State options in response to Burwell decision
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