The Supreme Court will decide, likely by late June, in King v Burwell whether the subsidies are allowed through exchanges established by the federal government after the states either declined or failed to create their own state portals.
Some states are considering setting up their own exchanges so billions of dollars in tax subsidies can continue to flow to their citizens, even though leaders in Congress have pledged to provide them other options.
These states might want to study Oregon’s experience with its state exchange before taking further action to establish an exchange.
Oregon, under then-Gov. John Kitzhaber, aspired to create a shining model for other ObamaCare exchanges, but instead, it became its poster child of dysfunction. After spending more than $300 million in federal taxpayer dollars, Oregon pulled the plug last year and decided to default to the federal exchange.