GOVERNOR'S VETO

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 2322, which allows for limited benefit plans to be offered if federal subsidies or other provisions of the federal Affordable Care Act are eliminated.

Currently, more than 385,000 Virginians have enrolled in the Marketplace.  Eighty-four percent of those enrolled are receiving premium subsidies.  In June, the Supreme Court will decide on the lawsuit King vs. Burwell, which will determine if subsidies can be received for participation in a federally-facilitated exchange.

House Bill 2322 presupposes that the Supreme Court will rule in favor of King and federal premium subsidies will be eliminated for the 385,000 Virginians relying on the Marketplace for coverage.  This legislation is premature and decreases the state’s flexibility and options in reaction to such decision.

Accordingly, I veto this bill.

GOVERNOR'S RECOMMENDATION

1. After line 19, enrolled

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2. That the provisions of this act shall not become effective unless reenacted by the 2016 Session of the General Assembly.