The CEO of hCentive, Sanjay Singh, last month told CNBC that other states could use that platform "out of the box," and, "We can guarantee them open enrollment for 2016."
Currently, 37 states use HealthCare.gov's platform in one way or the other to enroll residents in private health insurance plans—and at least 34 states' residents are at risk of losing subsidies. The remaining states and the District of Columbia run their own Obamacare exchanges, and their subsidized customers are not at risk.
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A ruling in the Supreme Court case, which could eliminate billions of dollars in tax credits for around 7.5 million HealthCare.gov customers, is expected in late June. That's less than five months before open enrollment in Obamacare plans for 2016 is set to begin, complicating the ability of affected states to implement a fix to keep subsidies flowing.
If the court rules for the plaintiffs, more than an estimated 8 million people would drop their individual insurance plans because they would become unaffordable without the subsidies, and because retail prices could significantly rise for the remaining nonsubsidized customers.
The plaintiffs claim the Affordable Care Act doesn't allow subsidies for customers of a federally run exchange, because there is no explicit language in the law authorizing such help. The ACA does explicitly say that the tax credits can go to to customers of exchanges established by a state, if those people earn between 100 and 400 percent of the poverty level.
The Obama administration argues the ACA allows subsidies regardless of whether the customer is on a federal or state exchange.