There’s a problem with the provision in the law that mandates health exchanges and provides assistance to low- and middle-income individuals in the form of tax credits for insurance, according to Michael Cannon of the libertarian Cato Institute, quoted in the report.
“The statute doesn’t authorize tax credits in federal health insurance exchanges; it authorizes them solely through state health insurance exchanges,” Mr. Cannon said in the report.
Mr. Cannon said recent rules issued by the Internal Revenue Services that allow tax credits to be offered in exchanges run by either states or the federal government — which will set up exchanges in states that don’t create their own beginning in 2014 — is illegal, according to the report.
Another law professor quoted in the article, Timothy Jost, JD, of the Washington and Lee University School of Law, said Mr. Cannon’s interpretation of the law is inaccurate and that it is pretty clear that federally run exchanges will be able to do what state exchanges can, including provide tax credits.
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