State Public Options: State of Play and Potential for Future Action

Manatt Health April 8, 2021
Kyla M. Ellis, Joel S. Ario

In recent years, state lawmakers have been considering and/or implementing policies to increase affordability for state consumers in the individual market. Since 2017, nearly a dozen states have considered or passed legislation to study or implement a state-based public option program.

In response to strong support from the American public,¹ candidates for public office and elected officials across the country have backed a public option as a coverage affordability solution.

During the campaign, President Joe Biden also proposed a federal public option, based on the Medicare program, which would require congressional enactment. At the federal level, this would likely require eliminating the filibuster or proceeding through budget reconciliation. Given this landscape, the design and passage of a federal public option...

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