Post on 28-Jul-2015
King v. Burwell
The New York Times contributing op-ed writer; Joseph Goldstein Lecturer in Law, Yale Law School
linda.greenhouse@yale.edu
June 16, 2015
Linda Greenhouse
26 U.S.C. Section 36B
• [monthly premiums shall be calculated for health plans in the individual market] "which were enrolled in through an Exchange established by the State under 1311 of the Patient and Affordable Care Act. . ."
Section 1321(b)
• [if a state fails to set up its own exchange] "the Secretary shall (directly or through agreement with a not-for-profit entity) establish and operate such Exchange within the state and the Secretary shall take such actions as are necessary to implement such other requirements."