//  5/3/18  //  Commentary

Together with Scott Levy and Rahul Rajkumar, both formerly of the Center for Medicare and Medicaid Innovation, I’ve got a new piece out in the New England Journal of Medicine:

In an ambitious effort to slow the growth of health care costs, the Affordable Care Act created the Center for Medicare and Medicaid Innovation (CMMI) and armed it with broad authority to test new approaches to reimbursement for health care and delivery-system reforms. CMMI was meant to be the government’s innovation laboratory for health care: an entity with the independence to break with past practices and the power to experiment with bold new approaches. Over the past year, however, the Department of Health and Human Services (HHS) has quietly hobbled CMMI, imperiling its ability to generate meaningful data on strategies for reducing spending on Medicare and Medicaid.

The controversy involves the abrupt termination (or, in one case, narrowing) of several “mandatory” payment programs. … The backpedaling is unfortunate and unnecessary. Mandatory programs are crucial tools for evaluating new payment models, and they stand on a solid legal foundation.

Read the whole thing here!

@nicholas_bagley


Silver bullets, blue pencils, and the future of the ACA

7/10/19  //  Quick Reactions

Yesterday, the Fifth Circuit heard oral argument in the case challenging the constitutionality of the Affordable Care Act. It didn't go well.

Nick Bagley

University of Michigan Law School

The Justice Department’s New Brief in Texas v. United States

7/4/19  //  Commentary

In a welcome surprise, the Trump administration has urged the Fifth Circuit not to dismiss the appeal of the decision invalidating the Affordable Care Act.

Nick Bagley

University of Michigan Law School

The Contraceptive Mandate Takes Another Hit

7/2/19  //  Commentary

The decision mounts an end run around other federal courts and prior precedent in the Fifth Circuit and risks disrupting insurance markets

Elizabeth Sepper

Washington University