The way the law is written, people who are under 250 percent of poverty, who have a marketplace plan, also are eligible to have some of their deductible and co-pay expenses paid through cost-sharing. Insurance companies basically front the money and are reimbursed by the federal government, by HHS.

Republican House members, including Tom Price, when he was still in the Republican House, sued HHS, suggesting that payment to insurance companies for cost-sharing exceeded the authority of HHS. That case was basically withdrawn when President Trump was elected, in hopes that the Affordable Care Act would be repealed - but we're back to the law.

The secretary actually already has a good deal of authority within the confines of the Affordable Care Act. Step one really is a question of whether or not HHS will continue to reimburse insurance companies for cost-sharing expenses.

Kathleen Sebelius Quotes