Various Health Organizations

The Affordable Care Act provides that taxpayers who receive health insurance through exchanges established under the Act can receive subsidies to purchase that insurance in the form of tax credits.  In King v. Burwell, the Supreme Court considered whether such subsidies were available to taxpayers who purchase insurance in states where Affordable Care Act exchanges were established by the federal government, rather than by the state. O’Melveny filed an amicus brief on behalf of the American Academy of Pediatrics, American Academy of Family Physicians, Children’s Health Fund, Children’s Hospital Association, First Focus, March of Dimes, National Physicians Alliance, and individuals with pre-existing medical conditions. The brief argued that a reading of the Act excluding subsidies on federally established exchanges would undermine the purpose of the Act, including by making it significantly more difficult for children and individuals with serious illnesses to obtain health insurance—i.e., the very consequences the Act was enacted to avoid. The Supreme Court agreed and held that the Act provides for subsidies for individuals purchasing insurance through exchanges, regardless whether those exchanges were established by the state or federal government.