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View Diary: ACA Signups: Halbig follow-up: The fate of the ACA could depend on the definition of "establish" (26 comments)

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  •  I don't think it's as simple as the diary makes it (6+ / 0-)

    The relevant language in Section 1401 of the ACA is not simply "established by the State."  The relevant language is actually "an Exchange established by the State under Section 1311."  So you have to look to Section 1311 to determine what it means for a State to "establish" an exchange.  Section 1311 says that an exchange must be "a government agency or nonprofit entity that is established by a State."  (The ACA defines "State" as "each of the 50 states and the District of Columbia.")  

    So, it seems to me that getting a domain name wouldn't do it.  The State would have to establish an agency or nonprofit entity to do the things required by the statute.  

    FYI, the creation of the federal exchange is in a different section, section 1321, and it has no mention of subsidies.  

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