Joel McElvain

Senior Fellow

Solomon Center for Health Law and Policy at Yale Law School

Joel McElvain is a Senior Fellow and Distinguished Visiting Scholar at the Solomon Center.  He served for more than twenty years with the Department of Justice, where he specialized in health care litigation. In that capacity, he participated in the federal government's defense of the Affordable Care Act in NFIB v. Sebelius and King v. Burwell. He also managed the federal government's defense of litigation, and has counseled federal agencies, in cases involving a variety of issues under the ACA, such as risk adjustment, cost-sharing reductions, accountable care organizations, and essential health benefits, as well as cases arising under the Medicare and Medicaid programs. He received his B.A. in political science and philosophy from Williams College and his J.D. from Harvard Law School.



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The Administration’s Recent Guidance on State Innovation Waivers under the Affordable Care Act Likely Violates the Act’s Statutory Guardrails

12/7/18  //  In-Depth Analysis

If the agencies proceed to approve a state’s application for a waiver in reliance on their recent guidance and discussion paper, the approval would almost certainly be set aside by a reviewing court.

Joel McElvain

Yale Law School