OVERNIGHT HEALTHCARE: HHS: Congress, states in charge of ObamaCare fix

The Obama administration’s top health official said Wednesday that the burden will be on Congress and the states to find a solution if the Supreme Court rules for the challengers in King v. Burwell. 

HHS Secretary Sylvia Mathews Burwell repeated her previous warnings that there’s not much she can do if the court invalidates subsidies for 6.4 million people.

“The critical decisions will sit with the Congress and states and governors to determine if those subsidies are available,” Burwell said.

{mosads}But she also hinted for the first time at the White House’s planning efforts for the case, which she had previously refused to discuss. 

“We’ll do everything we can, we’re working to make sure we are ready to communicate to the states and do everything we can,” Burwell said at a combative hearing on Wednesday.

Burwell raised the prospect last week that states could receive help from HHS in setting up their own exchanges, allowing subsidies to continue. That solution would require state leaders to agree to work with HHS, which many Republican governors are reluctant to do.

Burwell also rejected a leading Republican plan from Sen. Ron Johnson (R-Wis.) that would extend ObamaCare subsidies until 2017, but would also repeal the law’s individual and employer mandates.

“This bill in its current form is repeal,” Burwell said of that bill. “And the president has said he will not sign something that repeals the act.” Read more here.

IS OBAMA TRYING TO SWAY THE COURT?:  President Obama’s impassioned defense of the Affordable Care Act is riling opponents of the law and drawing accusations he’s trying to bully the Supreme Court.

But Obama’s pointed comments — which appeared to be aimed at least partly at influencing the justices — are baffling some court-watchers who say that the decision in the King v. Burwell case was likely settled long ago.

“I don’t know what they’re up to. It seems quite calculated, but I can’t figure out calculated to do what,” said Tom Goldstein, a Supreme Court expert and publisher of SCOTUSBlog.

With the ruling on ObamaCare expected any day, legal experts say it’s unlikely that any rhetoric from the White House could cause a major shift in the justices’ opinion. Still, they say it’s possible that the justices are still nailing down the details, particularly if they are planning to rule against the administration. Read more in tomorrow’s print edition and at TheHill.com.

IRS COULD LOSE $800M IN FUNDING: House Republicans want to slash the budget for the Internal Revenue Service by $838 million next year – more than double the agency’s funding cut last year.

The already cash-strapped agency has repeatedly complained that it lacks the funding to do its job, particularly with new responsibilities under the Affordable Care Act.

But the House Appropriations Committee said that a budget of $10.1 billion would allow the IRS to perform its core duties. Read more here.

Thursday’s schedule

Sen. Lindsey Graham (R-S.C.) will hold a press conference to introduce the Senate counterpart of a bill banning abortions after 20 weeks.

State by state

Court rejects Florida governor’s request for mediation in fight with feds

Arizona Medicaid program cancels 5 percent provider cuts

Kentucky election could blot an ObamaCare bright spot

What we’re reading

Obama not impressed with GOP’s ObamaCare fix proposals, Burwell says

Out-of-state abortion access as an alternative

US shifts stance on drug pricing in Pacific trade talks

Healthcare spending falls at 0.4 rate in first quarter

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Ryan, health chief clash over ObamaCare plans

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