In the event the Supreme Court rules in favor of the plaintiff in King v. Burwell, Senator John Barrasso (R-Wyo.) said Tuesday that House and Senate Republicans are nearing completion of a backup plan for the premium tax credits that would be eliminated in states using the federal exchange, according to The Hill.
Sen. Barrasso is leading the Senate's planning effort, and said the backup plan would provide some kind of temporary assistance for the 6.4 million individuals who could lose health insurance subsidies.
"We have worked on legislation in both the House and Senate," Sen. Barrasso said at a Republican leadership press conference, according to the report. "We're coming very close together on that. We'll bring that out after the Supreme Court makes a ruling, and it does protect those people who felt that they were following the law even though the president wasn't actually following the law. So we do want to help protect them in this transition."
Sen. Barrasso said after the press conference that "language [for the main Republican plan] has been drafted and will be able to be fine-tuned based on the results of what the Supreme Court rules," according to The Hill.
However, he would not reveal the conditions of the temporary assistance the bill includes. Republicans have voiced conflicting opinions on temporary assistance. Rep. Tom Price (R-Ga.) last month opposed a plan from Sen. Ron Johnson (R-Wis.) that would temporarily extend existing subsidies, while others, including Sen. Ben Sasse (R-Neb.) have proposed launching a new system of premium tax credits.
Brendan Buck, a Rep. Paul Ryan (R-Wis.) spokesman, said the House working group has not yet made any decisions on temporary assistance, but it is "definitely in touch with our Senate counterparts."
Sen. Barrasso said Republicans would need to use reconciliation, a streamlined procedure that only requires 51 votes in the Senate since Republicans do not have the usual 60.
"We'll have to use reconciliation, 51 votes in the Senate," Sen. Barrasso said, according to The Hill. "I don't expect any Democrats to support what we would bring forward, because the president will hold them hostage."
More articles on King v. Burwell:
Obama: King v. Burwell is an "easy case"
10 states with most coverage at risk under King v. Burwell
Second state moves to save PPACA subsidies by setting up insurance exchange