The Bush administration health policy band is getting back together — to tell states they will probably have to think about setting up their own insurance exchanges under the health law if the Supreme Court rules that is a condition of their residents continuing to get tax credits to help pay premiums.

Former Health and Human Services Secretary Mike Leavitt, acting general counsel Thomas Barker, chief of staff Rich McKeown, assistant secretary for legislation Vince Ventimiglia, deputy secretary Tevi Troy and the former acting Centers for Medicare and Medicaid Services administrator Kerry Weems have signed an open letter to governors telling them there’s a good chance this will fall to the states to decide, and that they should get ready.