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Health care issue Frequently Asked Questions
Q:Who is affected by the two conflicting court opinions on ACA?
A:People getting subsidies in states where there is no state exchange. In the tri-state that's Ohio and Indiana. In Kentucky and 13 other states they have set up their own insurance markets or exchanges. Kentucky is not affected.
Q: What should people in Ohio and Kentucky do?
A:Right now legals experts believe people currently getting subsidies in these states will continue to do so while the courts battle this issue.
Q: When will the issue be settled?
A: The administration is appealing to the Washington D.C. circuit court to make another decision, with the full panel of eleven judges. It is expected that the court will at least decide very quickly if it will consider this. If the court does not take up the issue this would likely have to be settled in the Supreme Court. However, the court is not in session until October. A special session of the Supreme Court would be unprecedented.
Q: What happens if the final ruling is against subsidies?
A: Health care premiums might ultimately be considered unaffordable for many people currently getting subsidies (more than nine percent of their annual income). In this case these people would not legally be required to have insurance (or face penalties).
Q: Is it possible people getting subsidies currently would have to pay that money back if the final decision is that they are illegal payments?
A: A taxpayer lawsuit is possible but such an extreme outcome would be unlikely according to legal experts.