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There were two hammers in the Obamacare Law to force the states to start their own exchanges. The first one was the threat of losing Medicade funding if they didn't play ball. This was struck down by the Supreme Court in the same ruling that claimed the Obamacare penalty was a tax. The second was that tax subsidies were only available from state exchanges. Seems that Obamacare is in deep S***. All those who are getting the tax subsidies from the federal exchanges are under paying their health care costs.

It is the health insurance companies who are receiving the subsidies. The money goes straight from the US Treasury to the health care company.

The person supposedly receiving the subsidy would not be buying the health insurance otherwise because they could not afford it.

I don’t see how a claim will stand that they are “underpaying their health insurance costs”. Yes, in practice they are, but they are being forced and coerced to do so. If they had that amount of money being given to the insurance companies in their name they might have decided to do something else with that money.

I think it’s important to be clear about who is receiving the subsidies here. It is the insurance companies.