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States, Amici Respond in California Cost-Sharing Reduction Payment Case
Timothy Jost, in Health Affairs Forefront Oct. 23, 2017
"The states reiterate their argument that the text and legislative plan of the ACA demonstrate that Congress appropriated funding for the CSR payments through the ACA's premium tax credit appropriation; they also argue that the insurance markets created by the ACA cannot function on an annual appropriation basis.... The states describe again the irreparable injuries they will suffer in terms of increased insurance costs, insurer market exits, more uninsured individuals, and increased administrative burdens if the termination of CSR payments is not enjoined." [The administration had argued that Congress has never appropriated funding for the CSR payments and that the plaintiff states have not been injured at all, and thus do not have standing to sue.]
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