Dive Brief:
- Secretary of Health and Human Services Sylvia Mathews Burwell wrote a letter to Congress this week announcing that the administration does not have any plan on how to rescue the ACA if the Supreme Court rules against subsidies in the states with federally-run marketplaces.
- "We know of no administrative actions that could, and therefore we have no plans that would, undo the massive damage to our healthcare system that would be caused by an adverse decision," the letter states.
- Burwell had previously been quiet on whether there was a plan of action for what to do if millions of ACA enrollees lose their subsidies in the in the King v. Burwell case set to begin March 4; Meanwhile, congressional Republicans have announced they are drafting plans for what to do in the event of a ruling against the administration.
Dive Insight:
Despite Burwell's announcement, many experts believe the administration certainly does have a contingency plan but considers it more strategic to keep it under wraps, The Hill writes. The reasons could include keeping pressure on the Supreme Court to weigh the magnitude of a non-favorable decision.
Former HHS official Tom Scully told The Hill earlier this month that the administration "certainly should not discuss it."
"Of course, they have one," Scully said. "They should all resign if they don't."