January 16, 2015 Practice Points

CMS Administrator to Resign

The resignation comes only days before the Supreme Court hears the critical Affordable Care Act (ACA) tax-subsidy case, King v. Burwell.

Sarah Anna Santos

Marilyn Tavenner, administrator of the Centers for Medicare and Medicaid Services (CMS), will step down from her position at the end of February, she announced Friday morning. The resignation comes only days before the Supreme Court hears the critical Affordable Care Act (ACA) tax-subsidy case, King v. Burwell, which is scheduled for oral argument in early March. Experts say the case could seriously destabilize the ACA if the Court decides that tax credits are only available to consumers shopping on state exchanges.

Tavenner started at CMS in February 2010 and rose to the top position in 2011. In 2013, she won Senate confirmation with bipartisan support. Her tenure at CMS spanned a historic period of change in U.S. healthcare, including the passage of the ACA as well as the troubled rollout of HealthCare.gov in 2013. Her announcement did not indicate a reason for her departure.

— Sarah Anna Santos, Hunton & Williams LLP, Charlotte, NC


Copyright © 2015, American Bar Association. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. The views expressed in this article are those of the author(s) and do not necessarily reflect the positions or policies of the American Bar Association, the Section of Litigation, this committee, or the employer(s) of the author(s).