This Week’s Edition of ACA Challenges
By Nicole Huberfeld Earlier this week, Jonathan Adler wrote in the National Review Online that challenges to the individual mandate were just beginning. And today, Oklahoma’s September challenge to the...
View ArticleMaintenance of Effort in Maine
After the NFIB decision in June, Maine tried to expand Justice Roberts’ remedy to also make the “maintenance of effort” provision optional for states. Maine was unsuccessful in the First Circuit with...
View ArticleThe Salience of Numbers: W-2s Now List Cost of Employer-Sponsored Health...
By: Katie Booth Beginning in 2013, W-2s for firms who file at least 250 W-2 forms will list the amount of money that employers and employees spend on health insurance premiums. As the New York Times...
View ArticleMedical Malpractice, the Affordable Care Act and State Provider Shield Laws:...
By Mary Ann Chirba and Alice A. Noble Given the ambitions and reach of the Affordable Care Act, confusion about its intended and inadvertent impact is inevitable. Since its enactment in 2010, the ACA...
View ArticleAction of Ohio Controlling Board on Medicaid Expansion
According to Professor Wilson R. Huhn of the University of Akron School of Law, the Ohio governor’s action expanding Medicaid in Ohio is valid. He writes: On Monday, October 22, at the urging of...
View ArticleIndividual Mandate Not Postponed for Anyone, Yet
Yesterday the CMS issued a document, Options Available for Consumers with Cancelled Policies, that describes four options available to people who received notice that their healthcare plans were...
View Article#BELHP2014 Panel 2, Potential Problems and Limits of Nudges in Health Care
[Ed. Note: On Friday, May 2 and Saturday, May 3, 2014, the Petrie-Flom Center hosted its 2014 annual conference: "Behavioral Economics, Law, and Health Policy." This is an installment in our series of...
View ArticleThe D.C. Circuit Got it Wrong. Congressional Intent on Exchange Subsidies Is...
By Robert I. Field Why would Congress have limited Affordable Care Act subsidies to residents of only some states – those that establish their own insurance exchanges? The law authorizes credits for...
View ArticleThe Political Economy of Medicaid Expansion
Many health law profs have wondered about how state officials can turn down bucketloads of federal money, without suffering the ire of their local constituents. In states like Arizona, that...
View ArticleThe ACA and the Practice of Health Law
By Louise Trubek, Barbara Zabawa, Paula Galowitz Health law practice is undergoing radical restructuring in the wake of major changes in the health care system and the reorganization of the legal...
View ArticleIs Mike Pence’s Medicaid Expansion a Blueprint for Donald Trump’s Health Care...
By David Orentlicher [cross-posted at orentlicher.tumblr.com] Donald Trump’s pledge to repeal and replace the Affordable Care Act has looked much more like a plan for repeal than a plan to replace,...
View ArticleHow the GOP Misread Public Anger over Obamacare
By David Orentlicher In today’s New York Times, Kate Zernike reports on the lack of excitement among conservative activists for the Republican health care legislation. As Zernike observes, “President...
View ArticleHealth Care Sharing Ministries (HCSMs) after Tax-Penalty Repeal
By Aobo Dong The passage of the Republican tax reform bill affects the health care industry in ways that might be confusing and unpredictable for tens of millions of Americans. Due to political...
View ArticleA data set that looks like America
By Oliver Kim May marks the annual Asian American and Pacific Islander Heritage Month, which recognizes the history and contributions of this diverse population in the United States. Accounting for...
View ArticleThe Contraceptive Mandate Takes Another Hit
By Elizabeth Sepper and John Aloysius Cogan, Jr. Known for his national injunctions of federal legislation, district court judge Reed O’Connor is at it again. In DeOtte v. Azar [PDF], he issued a...
View ArticleShort-Term, Limited-Duration Insurance May Be Here to Stay
By Abe Sutton Short-term, limited-duration insurance (STLDI) may be here to stay despite legal attacks, poor branding, and a potential Democratic victory in the upcoming Presidential election. Though...
View ArticleWhat the Supreme Court’s ACA Ruling Might Mean for Nonprofit Hospitals
By Jacob Madden California v. Texas, a pending Supreme Court case that concerns the constitutionality of the Affordable Care Act (ACA)’s individual mandate, could have profound implications for the...
View ArticleIt’s Time to Update the ACA’s Anti-Discrimination Protections
By Jenna Becker Assuming that the Affordable Care Act (ACA) withstands its most recent challenge in California v. Texas, the Biden administration should prioritize as a future reform the codification...
View ArticleSymposium Introduction: Recommendations for a Biden/Harris Health Policy Agenda
By Erin C. Fuse Brown This digital symposium explores recommendations for the Biden/Harris administration’s health policy agenda. We asked leading health law scholars to describe one health policy...
View ArticleFinancing Reproductive Justice Through Title X
By Elizabeth Sepper The Trump administration left Title X in tatters. In the last year, its capacity to finance family planning and reproductive health services for the poor was cut in half. Many...
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