1 00:00:00,120 --> 00:00:03,440 Speaker 1: Now it's time for our Bloomberg Law Report, brought to 2 00:00:03,440 --> 00:00:07,960 Speaker 1: you by American Arbitration Association, International Trade or Business dispute 3 00:00:08,160 --> 00:00:11,680 Speaker 1: Resolve Faster with the International Center for Dispute Resolution, the 4 00:00:11,800 --> 00:00:14,760 Speaker 1: leader in alternative dispute resolution around the world i c 5 00:00:15,040 --> 00:00:18,599 Speaker 1: d R dot org. Let's get to the legal stories 6 00:00:18,640 --> 00:00:21,400 Speaker 1: we're watching this morning with Steve Podusk in the Bloomberg 7 00:00:21,400 --> 00:00:25,959 Speaker 1: net on one Washington newsroom. The Senators said to begin 8 00:00:26,000 --> 00:00:28,480 Speaker 1: a full court press next week to get four President 9 00:00:28,480 --> 00:00:32,720 Speaker 1: Trump's nominees for the federal appeals courts confirmed quickly. A U. S. 10 00:00:32,760 --> 00:00:37,120 Speaker 1: District court says five hospitals challenging Medicare payment regulations should 11 00:00:37,120 --> 00:00:39,040 Speaker 1: not have to make an extra trip back to a 12 00:00:39,080 --> 00:00:42,360 Speaker 1: Health and Human Services Review board to continue their appeal. 13 00:00:42,720 --> 00:00:44,960 Speaker 1: The court noted that appeal would be sent back to 14 00:00:45,040 --> 00:00:48,920 Speaker 1: federal court anyway, and the House narrowly adopted a budget resolution, 15 00:00:49,000 --> 00:00:51,800 Speaker 1: But a lingering obstacle to overhauling the U. S. Tax 16 00:00:51,840 --> 00:00:54,560 Speaker 1: code remains whether or how to limit a federal tax 17 00:00:54,600 --> 00:00:58,960 Speaker 1: break that benefits high tax states. Bloomberg Law everything you need, 18 00:00:59,240 --> 00:01:03,600 Speaker 1: all on on legal research platform, including guidance analysis and 19 00:01:03,680 --> 00:01:07,640 Speaker 1: Bloomberg Market Intelligence. Find out more at Bloomberg Law dot 20 00:01:07,680 --> 00:01:12,160 Speaker 1: com and now on other legal news. Let's take a 21 00:01:12,200 --> 00:01:14,800 Speaker 1: look at a decision by a federal judge to temporarily 22 00:01:14,880 --> 00:01:18,240 Speaker 1: block the White House from ending cost sharing reduction payments 23 00:01:18,240 --> 00:01:20,560 Speaker 1: to health insures, which were put in place under the 24 00:01:20,600 --> 00:01:23,360 Speaker 1: Affordable Care Act. For more on this story, Bloomberg Law 25 00:01:23,360 --> 00:01:26,960 Speaker 1: hosts June Grusso and Gregg Store speak to Bloomberg Intelligence. 26 00:01:27,000 --> 00:01:31,399 Speaker 1: Senior Government analyst Brian Rye tell us a little bit first, 27 00:01:31,440 --> 00:01:33,319 Speaker 1: just about these payments, what they are, what they're what 28 00:01:33,319 --> 00:01:36,480 Speaker 1: they're designed to do. Sure, these are cs are cost 29 00:01:36,560 --> 00:01:39,640 Speaker 1: sharing reduction payments that are mandated under the a c A. 30 00:01:40,160 --> 00:01:42,559 Speaker 1: And these are different from the tax credits that lower 31 00:01:42,600 --> 00:01:45,479 Speaker 1: income individuals can use to pay for their premiums. These 32 00:01:45,600 --> 00:01:49,120 Speaker 1: CSR payments are intended to help those uh, those lower 33 00:01:49,160 --> 00:01:52,560 Speaker 1: income individuals pay their out of pocket expenses, their co pays, 34 00:01:52,600 --> 00:01:56,280 Speaker 1: co insurance deductibles, those things, and that at play here 35 00:01:56,320 --> 00:01:58,840 Speaker 1: is the fact that insurance companies have to make those 36 00:01:58,880 --> 00:02:02,520 Speaker 1: payments to lower income individuals on silver plans under the 37 00:02:02,560 --> 00:02:05,400 Speaker 1: a c A. What's not so certain is whether or 38 00:02:05,400 --> 00:02:08,000 Speaker 1: not the government is able to reimburse the insurance companies 39 00:02:08,040 --> 00:02:10,560 Speaker 1: for those payments, and that's at the heart of this lawsuit. Brian, 40 00:02:10,639 --> 00:02:14,639 Speaker 1: what was the judges reasoning in refusing to restore the subsidies. 41 00:02:15,120 --> 00:02:17,480 Speaker 1: I think the reasoning had been that a this wasn't 42 00:02:17,520 --> 00:02:20,880 Speaker 1: necessarily a new issue. The threat that the Trump administration 43 00:02:20,919 --> 00:02:23,480 Speaker 1: would terminate these payments had been out there for for 44 00:02:23,520 --> 00:02:26,600 Speaker 1: several months, and several states, including California, who had taken 45 00:02:26,639 --> 00:02:29,200 Speaker 1: the lead on this lawsuit, had indicated that they were 46 00:02:29,240 --> 00:02:32,080 Speaker 1: preparing to do this, either by raising premiums to offset 47 00:02:32,120 --> 00:02:35,480 Speaker 1: the cost or offset the loss of these payments, or 48 00:02:35,520 --> 00:02:39,080 Speaker 1: otherwise shielding affected individuals. And so I think the judge 49 00:02:39,120 --> 00:02:41,680 Speaker 1: ruled that, look, um, you've already had a chance to 50 00:02:41,680 --> 00:02:44,200 Speaker 1: prepare in many states had in fact prepared for that. 51 00:02:44,440 --> 00:02:47,520 Speaker 1: So there's no need to force the administration to do this. Well, Brian, 52 00:02:47,639 --> 00:02:49,920 Speaker 1: is the judge right in the sense that if he 53 00:02:49,960 --> 00:02:53,840 Speaker 1: says that the states have basically already prepared for these payments, uh, 54 00:02:53,960 --> 00:02:56,560 Speaker 1: not to be made. Uh? Is it the case that 55 00:02:56,600 --> 00:03:00,480 Speaker 1: these caut sharing the csrs are not really is important 56 00:03:00,480 --> 00:03:02,280 Speaker 1: to some of the critics of the president have been 57 00:03:02,280 --> 00:03:04,280 Speaker 1: saying there, you know, it remains to be seen. I 58 00:03:04,320 --> 00:03:06,959 Speaker 1: think the feeling is that and when the CBO looked 59 00:03:06,960 --> 00:03:08,960 Speaker 1: at this, they said, there might be a slight, you know, 60 00:03:09,080 --> 00:03:12,120 Speaker 1: loss of one million people. One million fewer people might 61 00:03:12,160 --> 00:03:14,880 Speaker 1: have insurance because of some insurers might decide to pull 62 00:03:14,919 --> 00:03:17,200 Speaker 1: out or other changes in there. But the fact is, 63 00:03:17,320 --> 00:03:19,880 Speaker 1: if premiums, if the gross premium more to rise, in 64 00:03:20,000 --> 00:03:22,960 Speaker 1: the value of the tax credits that these um silver 65 00:03:23,120 --> 00:03:25,800 Speaker 1: planned individuals would get would also rise as well. So 66 00:03:25,880 --> 00:03:28,919 Speaker 1: there might there shouldn't be a net impact, uh to 67 00:03:29,040 --> 00:03:30,480 Speaker 1: a lot of the people who you would think would 68 00:03:30,480 --> 00:03:33,400 Speaker 1: be affected by this. Now, again, if if insurers decided 69 00:03:33,400 --> 00:03:35,960 Speaker 1: to drop out, if there are other uncertainties and maybe 70 00:03:35,960 --> 00:03:39,200 Speaker 1: people have fewer choices, then that could obviously have a 71 00:03:39,200 --> 00:03:42,080 Speaker 1: bit of a problem. But again I think the judge 72 00:03:42,120 --> 00:03:45,240 Speaker 1: ruled that you've had time to prepare for this, and 73 00:03:45,240 --> 00:03:48,720 Speaker 1: and so that's enough. That's Bloomberg Intelligence Senior Government Analysis 74 00:03:48,760 --> 00:03:51,480 Speaker 1: Bryan Roy speaking to Bloomberg Student Russell and Great Store. 75 00:03:51,680 --> 00:03:53,960 Speaker 1: You can listen to Bloomberg Law weekdays at one pm 76 00:03:54,040 --> 00:03:57,120 Speaker 1: most three time here on Bloomberg Radio, and find more 77 00:03:57,200 --> 00:04:00,520 Speaker 1: legal news at Bloomberg Law dot com. A journeys will 78 00:04:00,520 --> 00:04:04,000 Speaker 1: find exceptional legal research and business development tools there as well. 79 00:04:04,360 --> 00:04:07,920 Speaker 1: Visit Bloomberg law dot com for more information. M