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The Health of Women and Families Will Be at Stake in ‘King v. Burwell’

| Dec 17, 2014

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On March 4, 2015, the U.S. Supreme Court will hear oral arguments in the case King v. Burwell. The stakes could not be higher for women, for our health care system and for our country. The Court’s ruling in this case could determine whether premium tax credits available under the Affordable Care Act (ACA) will be available to consumers who enroll in coverage through the federally facilitated marketplace (FFM).

Right now, premium tax credits — which reduce the cost of health coverage — are available to FFM enrollees from 37 states. The Court’s decision in King v. Burwell could determine whether they will maintain, or lose, their access to those tax credits.

In 2014, more than eight in ten FFM enrollees qualified for premium tax credits. Women comprise a majority of FFM enrollees — 55 percent — and would be disproportionately affected if those credits were taken away.

For many women, losing premium tax credits would mean that their coverage would no longer be affordable, and many would go without it. Losing coverage, in turn, would mean they would have no choice but to forego health care they simply cannot afford.

Moreover, taking away affordable health coverage would jeopardize women’s economic security, independence and protection. For many women, access to affordable individual health care coverage in the marketplace means that they are no longer reliant on a spouse or employer for coverage. Before marketplace coverage was available, women were more likely than men to be covered as a dependent on a spouse’s plan, leaving them more vulnerable to losing coverage in the event of divorce or death of their spouse.

King v. Burwell poses a direct threat to the affordable health plans on which millions of low- and middle-income Americans rely. Limiting subsidies to state-based marketplaces would force patients and families to go without the care they need and cause health care costs to rise dramatically. At the National Partnership for Women & Families, we are urging the Supreme Court to preserve access to comprehensive, affordable coverage and care for all.

Learn more about what’s at stake in this case.

About the Author

Lauren Birchfield Kennedy

Lauren Birchfield Kennedy

Lauren Birchfield Kennedy is the director of health policy at the National Partnership for Women & Families. Kennedy directs the National Partnership’s health policy portfolio and oversees advocacy strategy for key policy priorities, including implementation of the Affordable Care Act, health care delivery system transformation and comprehensive payment reform. Kennedy also serves as a public member on the board of Family Medicine for America’s Health.

Kennedy has worked extensively on health policy at both the federal and state levels. Prior to joining the National Partnership, she was the senior health policy and government affairs adviser for Boston Medical Center, where she advised on state and federal health policy issues concerning Medicaid and alternative payment methodologies; coordinated the hospital’s delivery system transformation efforts; and provided technical support to the hospital as it explored joining an accountable care organization.

Kennedy also worked as a policy representative for NARAL Pro-Choice America, where she developed expertise in health programs serving lower income women, including Medicaid and the Title X family planning program. Before that, Kennedy was a member of the policy and research department at the Blue Cross Blue Shield of Massachusetts Foundation.

Kennedy graduated summa cum laude with a Bachelor of Arts in political science from the University of California, Los Angeles. She holds a law degree with honors from Harvard Law School, where she served as editor in chief of the Harvard Human Rights Journal.