Cost Sharing Reduction (CSR) litigation is the story that will never end.
Update: The court has instead opted to dismiss the case; but states can bring action again if circumstances change i.e. Admin blocks silver-loading in 2020 and beyond. IHP story TK @nicholas_bagley @charles_gaba taking comments ! https://t.co/cPHJlmehsH
— Amy Lotven (@amylotven) July 18, 2018
The back story is that when the Trump Administration terminated CSR payments in October 2017, many states, led by California sued. The district judge identified that most states used a Silver Loading or Silver Switching strategy to minimize harm so the termination could continue as harm was not shown.
Since then, Silver Loading has been allowed to continue for 2018 and 2019. There is a possibility that Silver Loading will not be allowed via rule-making for 2020. The judge has dismissed the case without prejudice which means that if Silver Loading is terminated, a harm can be identified.
It will never end.
Yutsano
You stuck this in my head instead. Dammit.
Mike S
Thanks for the update. This info never makes it into the news, it seems to be only available here.
David Anderson
@Mike S: It is really only news to a very small cluster of insurance folks and policy geeks (John just happened to give the keys to the blog to one of those geeks)
Hafabee
And those of us in WV, where silver-loading did not happen in 2018 (so premiums across all metal bands were higher), are screwed yet again. Our Attorney General is Republican Patrick Morrisey, a slease-wad who would *never* go to bat for lowly citizen-constituents. He is, in fact, running this year against incumbent Democratic Senator Joe Manchin in a bid to relieve us of our last remaining federal Democrat.
Mike S
@David Anderson: Silver loading here in Berks County PA dramatically increased the amount of my subsidy and thus lowered my cost by hundreds of dollars a month compared to 2017. Without your explanations I wouldn’t have known what the real reason was. Thanks David!