King v. burwell toolkit for advocates

Table of Contents

  • Talking Points for FFMs
  • Talking Points for SBMs
  • Guidance for Planning Media Events
  • Template Press Release
  • Template Media Advisory
  • Guidance for Reaching out to Editorial Boards
  • Template Op-Ed
  • Template Social Media Posts
  • Guidance for Creating Story Graphics

King v. Burwell Talking Points for FFM States

On March 4, the Supreme Court will hear King v. Burwell, a case that threatens to eliminate tax credits to buy health insurance through the Affordable Care Act marketplaces in approximately three dozen states. Below are talking points to use with three audiences: consumers who are receiving tax credits, your coalition members, and members of the media.

For consumers, reinforce the benefits of the Affordable Care Act (ACA) and that their financial assistance will continue rather than discuss the minutiae of the law or oral arguments before the Supreme Court.

Your coverage is working.

  • Thanks to the ACA, people like you, including [XXX] in [State], now have quality, affordable health coverage who didn’t have it before.

Even as you and millions of others benefit, the political attacks on the law continue.

  • You may have heard about a case pending before the U.S. Supreme Court that deals with how tax credits are distributed under the ACA.
  • Soon, the Court will hear oral arguments in this case and there will likely be a lot of press coverage both in our state and nationwide.

While the Court considers the case, there is no risk to your tax credit.

  • The most important thing to remember is that the tax credit you receive is not currently at risk.
  • You can continue using your health insurance and paying your premium just as you normally would.

There is no legal basis for the Supreme Court to take away health coverage from millions of Americans.

  • When Congress wrote and passed the ACA, everybody – Republicans, Democrats and the Congressional Budget Office alike – agreed that the tax credits would be available in all states.

The tax credits have made it possible for millions of Americans, including [XXX] in [State],to afford health insurance for the first time.

  • Nearly nine out of 10 people who got their coverage through Healthcare.gov received financial help and paid 75 percent less than the full monthly premium.

Below are more nuanced messages to use with members of the pressto emphasize the impact the Supreme Court’s ruling could have on our health care system. You can also share these with members of your coalition so they feel ready to respond to the media.

The Affordable Care Act is working.

  • Thanks to the ACA, more than 10 million people, including [XXX] in [State], now have quality, affordable health coverage who didn’t have it before.
  • The uninsured rate has fallen to record low.

This ruling could take away health insurance coverage from more than 8 million Americans and would cause premiums to spike for millions more.

  • The resulting chaos would ripple through the health care system, affecting consumers and health care providers across the country.

There is no legal basis for the Supreme Court to take away health coverage from millions of Americans.

  • When Congress wrote and passed the ACA, everybody – Republicans, Democrats and the Congressional Budget Office alike – agreed that the tax credits would be available in all states.

Everyone actually involved in the health care system, including hospitals, providers, and insurance companies, strongly disagrees withthe challengers’position. This is a political tactic from opponents of the ACA to dismantle the law.

  • Republicans leaders in Congress have openly admitted that they are counting on the Court to “take down” the law by dealing it a “body blow” that will cause it to “unravel” “pretty darn quickly.”
  • Insurance companies and the health care industry have adapted their business models to work with the ACA, and have done so successfully for nearly five years.
  • A diverse array of more than 30 amicus, or friend of the court, briefs filed in support of the law underscore the depth and breadth of backing for the government’s position, while challengers are primarily backed by conservative ideologues seeking to destroy the law.

A Supreme Court decision in favor of the challengers would be highly political and call into question its legitimacy and independence from the political branches.

  • A decision by the Supreme Court to take away something so vital from so many Americans would be unprecedented in American history.

Talking Points for SBMs

On March 4, the Supreme Court will hear King v. Burwell, a case that threatens to eliminate tax credits to buy health insurance through the Affordable Care Act marketplaces in approximately three dozen states. If the court strips tax credits for consumers on the federal Marketplace, it will throw the entire healthcare system into chaos.Advocates in states with state-based Marketplaces can help drive home this message when speaking to reporters. In addition, the talking points for reassuring consumers in the FFM section of the toolkit could work in SBM states as well.

Below are talking points to use when communicating about the case with members of the media. You can also share these with your coalition partners so they feel ready to speak with the press about this topic.

In [STATE], [MARKETPLACE NAME] is working.

  • Thanks to the Affordable Care Act, more than 10 million people, including [number] in [State], now have quality, affordable health coverage who did not have it before.
  • Since implementation of the ACA, the uninsured rate has fallen to a record low and in our state it has fallen from X percent to X percent.
  • [If available, use state specific-data about # of consumers who have benefited from coverage and/or a tax credit through the state’s Marketplace]

If the health care system is thrown into chaos, the ripple effects of a bad ruling would certainly be felt here.

  • This ruling could take away health insurance coverage from more than 8 million Americans and would cause premiums to spike for millions more, including those in the individual marketplace states.
  • The resulting chaos would reverberate through the health care system, affecting consumers and health care providers across the country.
  • [If available, include whether or not your Insurance Commissioner or state government weighed in through an amicus brief, or any specific statements they have made about the impact in your state]
  • While our state is currently operating our own Marketplace, [NAME], we cannot predict the future. We need to ensure [STATE] consumers have access to tax credits to help them afford health insurance, now and in the years ahead.

There is no legal basis for the Supreme Court to take away health coverage from millions of Americans.

  • When Congress wrote and passed the ACA, everybody – Republicans, Democrats and the Congressional Budget Office alike – agreed that the tax credits would be available in all states.

Everyone actually involved in the health care system, including hospitals, providers, and insurance companies, strongly disagrees with the challengers’ position. This is a political tactic from opponents of the ACA to dismantle the law.

  • Republican leaders in Congress have openly admitted that they are counting on the Court to take down the law by dealing it a “blow” that will cause it to unravel “pretty darn quickly.”
  • Insurance companies and the health care industry have adapted their business models to work with the ACA, and have done so successfully for nearly five years.
  • An array of more than 30 amicus, or friend of the court, briefs filed in support of the law underscore the depth and breadth of backing for the government’s position, while challengers are primarily backed by conservative ideologues seeking to destroy the law.

A Supreme Court decision in favor of the challengers would be highly political and call into question the Court’s legitimacy and independence from the political branches.

  • A decision by the Supreme Court to take away something so vital from so many Americans would be unprecedented in American history.

Planning Media Events for King v. Burwell Supreme Court Oral Arguments

Advocates across the country are planning media events or press conferences timed to the dayof the King v. Burwell arguments on March 4. The following tips will help you plan a successful event.

THE LOGISTICS

Pick a good location.

Your location should be convenient for the media to access. If possible, it should also help convey your core message that the ACA is working for individuals and families in your state (e.g., a community center that hosted enrollment events or a public health center). There should be enough space for the anticipated number of reporters and their equipment, such as television cameras, as well as any invited guests. Remember to obtain a permit in advance, if needed, and have signs to guide people to the event. Consider the timing of your event as well. Press conferences in the late morning/early afternoon (between 10:00 a.m. and 1:00 p.m.) are the easiest for reporters to attend. Remember to make sure your space is accessible to people with disabilities.

Maximize the strength of your coalition.

Work with partners and allies in advance to avoid competing events. Consider collaborating on one event because reporters are unlikely to cover similar press events on the same topic. This also includes working with unlikely allies whose voices lend additional compelling arguments to protecting the ACA, such as hospitals and hospital associations, local/particular identity groups’ chambers of commerce (women, people of color, LGBT, etc.), divisions of insurance, and insurance carriers. A unified front of unlikely partners is compelling to media outlets and can help plug your event and ensure messaging consistency as well.

Choose compelling speakers.

To convey the message that the ACA’s financial helpis critical to help millions of Americans afford high-quality health insurance, you should include a mix of advocates and consumers. Consider including Navigators or Assisters who can speak about their experience helping people in your state purchase health care coverage and the value of financial assistance.

Use your stories.

Consumers who benefitted from the ACA’s financial assistance are your most compelling spokespeople. Incorporate their stories in spokespeople’s remarks and invite them to be a part of the speaking program and be available for interview. Make sure that the stories are vetted well in advance, and that opponents of the ACA cannot tear them apart. These stories remind the reporters and speakers what is at stake in King v. Burwell.

Make it visual.

Consider the visual impact of your event – especially for television cameras and photographers. Display a banner behind the speakers and/or place a sign on the podium that includes your organization’s logo. Visuals should be easy to see and self-explanatory, and should reinforce your main message. You may also want consumers- of a wide variety of demographics- to stand behind the podium, holding signs with your core message.

Consider virtual events.

Shrinking newsrooms make it increasingly hard for reporters to attend events in person. Consider hosting your event virtually using Google Hangouts, webinar services or a teleconference.

THE MEDIA

Invite the media.

Send out a media alert via email three to four days before the news conference and again the day before or morning of the event. Make sure to include wire services (such as Associated Press and Reuters) that have daybooks. Place a reminder call to your invited media one or two days before the news conference.

Prepare takeaway materials.

You should have a press kit to hand out to media at your news conference. Contents of this press kit could include factsheets, a press release, biographies of the speakers, copies of any prepared statements, graphs, charts, or other information that will help the media to understand the topic of your news conference. Avoid overwhelming the media with too much paper – include only vital information that a reporter must have to write his or her story. Many reporters may ask for materials digitally – consider having materials loaded on thumb drives or downloadable on your website.

Greet the media.

Have a sign-in table where you can welcome the media and have them fill out a sign-in sheet with their contact information. This sheet will help you track which media outlets attended your news conference and provide easy access for any follow-up or future news conferences. It is important to have everything ready at least 30 minutes prior to the start of your news conference. The media will often arrive early to arrange equipment and review the press kit.

THE PROGRAM

Use a moderator.

You should select a moderator for your media event who can introduce the speakers and facilitate Q&A with reporters. The moderator can also control the process and keep reporters on the subject. If a reporter goes off subject, the moderator can return the focus by saying, “That is an interesting point, but we are here today to discuss…”

Prepare your speakers.

Usually, you should select no more than two to three people to speak about your issue at the media event. Each speaker should relay a specific part of the message – reporters do not need or want to hear multiple speakers repeating the same things. Speakers should be well prepped, be trained to stay on message and practice pivoting away from issues outside their area of expertise.

Have an agenda.

Start on time – no more than five minutes late. It is unprofessional to keep the media waiting. The moderator should introduce the speakers and then each speaker should talk for no more than five minutes. Keeping the speakers to a short amount of time will help ensure they stay on message. The moderator should then facilitate a short Q&A session with journalists.

Arrange individual interviews after the event.

Reporters often want one-on-one interviews with speakers after the Q&A period. This is a chance to clarify or cover information not brought out in the Q&A; however, speakers need to continue to stay on message and keep their answers short and direct.Speakers, in particular consumers sharing their stories, should be prepared to engage with the media after the formal program has ended.

Conduct follow-up.

Distribute press kits to key media who were unable to attend. Make sure someone is available to respond to questions that reporters might have after the media event ends. Send thank you notes to VIPs that attended.

FOR IMMEDIATE RELEASE DATE

For more information, contact:

[NAME, PHONE NUMBER]

CONSUMERS TO SUPREME COURT: OUR AFFORDABLE COVERAGE MATTERS

Nearly Nine in 10 Americans who Bought Coverage through Healthcare.gov

Benefit from Financial Assistance

City, State – As the U.S. Supreme Court hears oral arguments in the King vs. Burwell case, consumers, employers and health care advocates around [STATE]continue to celebrate the success of the Affordable Care Act. [INSERT LINE ABOUT LOCAL EVENTS, IF APPLICABLE.]

This ruling could take away the financial assistance that made it possible for many consumers to purchase health insurance for the first time. These tax credits have driven uninsured rates to record lows.

“The Affordable Care Act is working,” said [NAME, ORGANIZATION]. “Thanks to the ACA, more than 10 million people, including [XXX] in [STATE], now have quality and affordable health coverage when they didn’t have it before. “

At issue in the case is whether consumers in states with federally-facilitated marketplaces should be eligible for tax credits to help them pay for their health care premiums. The Supreme Court’s decision is important for [STATEians] – more than [NUMBER] benefit from this financial assistance.

“There is no legal basis for the Supreme Court to take away health coverage from millions of Americans,” continued [LAST NAME]. “When Congress wrote and passed ACA, everybody – Republicans, Democrats and the Congressional Budget Office alike – agreed that the tax credits would be available in all states.”

[INSERT STORY ABOUT LOCAL CONSUMER WHO BENEFITS FROM FINANCIAL ASSISTANCE.]

Open enrollment for 2015 ended on February 15, but many [STATE] consumers may still be able to sign up for health care coverage through a special enrollment period. Consumers who experience a life change in areas such as family size or employment status, and those eligible for Medicaid should visit Healthcare.gov to see if they qualify for special enrollment.