1 00:00:00,080 --> 00:00:02,600 Speaker 1: Now it's time for our daily Bloomberg Law Breef, exploring 2 00:00:02,680 --> 00:00:05,360 Speaker 1: legal issues in the news, and Today Bloomberg Lawhoe Student 3 00:00:05,400 --> 00:00:09,000 Speaker 1: Grosso and Michael Best discuss the possibility of Resident Trump 4 00:00:09,039 --> 00:00:14,120 Speaker 1: halting cost sharing subsidies two insurers under Obamacare. They speak 5 00:00:14,120 --> 00:00:17,040 Speaker 1: with Abby Luck, director of the Solomon Center for Health 6 00:00:17,160 --> 00:00:20,560 Speaker 1: Law and Policy at Yale Law School, and Timothy Joast, 7 00:00:20,560 --> 00:00:25,799 Speaker 1: a professor at Washington and Lee University Law School. Abby, 8 00:00:25,800 --> 00:00:28,200 Speaker 1: how is it that the president can refuse to pay 9 00:00:28,720 --> 00:00:31,160 Speaker 1: insurance subsidies that are part of a law that's still 10 00:00:31,160 --> 00:00:35,760 Speaker 1: in place. Well, there is a lawsuit underway, which is 11 00:00:35,840 --> 00:00:38,800 Speaker 1: the House challenge the legality of these subsidies, and so 12 00:00:38,880 --> 00:00:42,479 Speaker 1: what the President is essentially arguing is that, uh, you know, 13 00:00:42,640 --> 00:00:44,839 Speaker 1: the House is correct to subsidies are illegal, so I 14 00:00:44,840 --> 00:00:47,360 Speaker 1: can use my executive authority to turn them off. His 15 00:00:47,520 --> 00:00:51,160 Speaker 1: motivation is to destabilize the insurance markets by turning off 16 00:00:51,200 --> 00:00:55,120 Speaker 1: this funding. Uh. And it's an continuing effort to try 17 00:00:55,120 --> 00:00:57,520 Speaker 1: to get the statute to fall under his own weight, 18 00:00:58,120 --> 00:01:01,880 Speaker 1: as he likes to put it, as far Timothy as 19 00:01:02,040 --> 00:01:05,560 Speaker 1: what will happen if he does this? Because the insurance 20 00:01:05,600 --> 00:01:10,440 Speaker 1: companies want reassurance about these subsidies. What will what will 21 00:01:10,480 --> 00:01:14,280 Speaker 1: we see happen if they don't get them? Well, it's 22 00:01:14,280 --> 00:01:20,240 Speaker 1: pretty hard to say. In the short term. Um, the 23 00:01:20,280 --> 00:01:24,240 Speaker 1: insurance companies do have the right under their contract with 24 00:01:24,319 --> 00:01:27,440 Speaker 1: the Federal Exchange in the states where that is covers, 25 00:01:28,120 --> 00:01:31,160 Speaker 1: to withdraw from the exchange if they don't get the payments. 26 00:01:31,200 --> 00:01:34,679 Speaker 1: But um, they would have to then give notice to 27 00:01:35,640 --> 00:01:39,440 Speaker 1: their consumers and to the state if they states if 28 00:01:39,480 --> 00:01:42,840 Speaker 1: they did that, and we're probably late enough now in 29 00:01:42,880 --> 00:01:45,399 Speaker 1: the year where it wouldn't make sense for them to 30 00:01:45,440 --> 00:01:49,320 Speaker 1: try to do that yet. For so, I think the 31 00:01:49,320 --> 00:01:53,120 Speaker 1: big question would be what happens in and I think 32 00:01:53,120 --> 00:01:55,360 Speaker 1: one of two things would happen. One is that they 33 00:01:55,400 --> 00:02:00,800 Speaker 1: will dramatically raise their premiums, probably around so that the 34 00:02:00,840 --> 00:02:05,280 Speaker 1: premiums tax credits they get from the federal government cover 35 00:02:05,360 --> 00:02:08,560 Speaker 1: the cost at the cost sharing reductions. And that's probably 36 00:02:08,560 --> 00:02:11,600 Speaker 1: when a lot of them will do. UM And and 37 00:02:11,639 --> 00:02:13,760 Speaker 1: the big losers there are going to be people over 38 00:02:13,760 --> 00:02:17,960 Speaker 1: four of poverty who who don't get premium tax credits, 39 00:02:17,960 --> 00:02:20,520 Speaker 1: who are just going to see their their premium skyrocket. 40 00:02:20,919 --> 00:02:23,239 Speaker 1: As Abby said, this is uh, you know, this is 41 00:02:23,320 --> 00:02:27,200 Speaker 1: sabotage of the market. And it's likely to have some effect, 42 00:02:27,280 --> 00:02:30,679 Speaker 1: but it's probably not likely to destroy the Affordable Care 43 00:02:30,720 --> 00:02:34,600 Speaker 1: Act exchanges. That's Timothy Johns, a professor at Washington and 44 00:02:34,680 --> 00:02:37,760 Speaker 1: Lee University Law School, and Abbey Luck, director of the 45 00:02:37,800 --> 00:02:41,240 Speaker 1: Solomon Center for Health Law and Policy at Yale Law School, 46 00:02:41,520 --> 00:02:44,120 Speaker 1: speaking with Bloomberg Law host During Brasso and Michael Best. 47 00:02:44,440 --> 00:02:46,760 Speaker 1: You can listen to Bloomberg Law weekdays at one pm 48 00:02:46,800 --> 00:02:50,480 Speaker 1: Wall Street Time here on Bloomberg Radio Now. Among the 49 00:02:50,560 --> 00:02:54,880 Speaker 1: top legal stories from Bloomberg Law. In Arizona, colorful former 50 00:02:54,919 --> 00:02:58,200 Speaker 1: sheriff faces prison time for violating a court order. A 51 00:02:58,280 --> 00:03:01,760 Speaker 1: federal judge rule that Joe are Io wilfully violated in 52 00:03:01,880 --> 00:03:05,440 Speaker 1: order prohibiting his office from detaining people based only on 53 00:03:05,480 --> 00:03:09,600 Speaker 1: the suspicion they were undocumented immigrants. Our Pao will be 54 00:03:09,639 --> 00:03:14,280 Speaker 1: sentenced in October. Wells Fargo customers are accusing the bank 55 00:03:14,280 --> 00:03:17,640 Speaker 1: of forcing them to buy unnecessary auto insurance. A lawsuit 56 00:03:17,720 --> 00:03:20,480 Speaker 1: says in some cases, the payments forced them into a 57 00:03:20,520 --> 00:03:24,320 Speaker 1: financial spiral that led to their vehicles being repossessed. Wells 58 00:03:24,360 --> 00:03:27,120 Speaker 1: Fargo admitted last week that it may have pushed thousands 59 00:03:27,160 --> 00:03:31,600 Speaker 1: of car buyers into loan defaults and repossessions. Yeah, that's 60 00:03:31,639 --> 00:03:34,400 Speaker 1: this morning's Bloomberg Law Brief. You can find more legal 61 00:03:34,480 --> 00:03:38,240 Speaker 1: news at Bloomberg law dot com and Bloomberg Bna dot com. 62 00:03:38,280 --> 00:03:42,120 Speaker 1: Attorneys will find exceptional legal research and business development tools 63 00:03:42,120 --> 00:03:45,080 Speaker 1: there as well. Visit Bloomberg Law dot com and Bloomberg 64 00:03:45,120 --> 00:03:47,120 Speaker 1: Benna dot com for more information