An Update in House v. Price: When Inaction Masks Turmoil

5/24/17  //  Quick Reactions

Insurance companies are filing their applications for 2018 plans and rates now, with the last deadline in some states coming on June 21, and with many having passed already. If you’re an insurer and you don't know what the rules of the game will be, how can you play it?

Rachel Sachs

Washington University Law School

Taking the Nuclear Option Off the Table

5/23/17  //  Commentary

Last Thursday, fifteen states and the District of Columbia moved to intervene in House v. Price, the case about the ACA’s cost-sharing reductions. At the same time, they asked the court to hear the case promptly. This is a bigger deal than it may seem, and could offer some comfort to insurers that are in desperate need of it.

Nick Bagley

University of Michigan Law School

Healthcare Reform Part V: Don’t Forget About HHS

5/5/17  //  Commentary

Waivers granted by HHS are critical to the design of the Republican healthcare legislation and may have a huge effect on how it works in practice. Here's a preliminary analysis of how HHS Secretary Tom Price is likely to exercise his discretion with respect to waivers.

Rachel Sachs

Washington University Law School

The Michigan Morsel

5/4/17  //  Commentary

To corral some last-minute votes, the House leadership has endorsed the Upton amendment to the American Health Care Act. That’s a shame: the amendment works at cross-purposes with other parts of the AHCA, is arbitrarily structured, and is ambiguous on a key point. It’s another example of the perils of doing health policy on the fly.

Nick Bagley

University of Michigan Law School

Health Care Reform Part IV: A Reminder that What We Do Matters

5/4/17  //  Commentary

The House will vote today on the American Health Care Act. Yet amendments to the bill were published only last night, there has been no updated score from the Congressional Budget Office (CBO), and no public hearings have been held. This is not an appropriate process.

What Is Dead May Never Die: An AHCA Update

5/3/17  //  Commentary

With the AHCA back on the table, it's time to remember that the GOP really doesn’t like the constitutional arguments it made against the ACA

Leah Litman

U.C. Irvine School of Law

Health Care Reform Part III: Ignorance of the Law is No Excuse

5/3/17  //  Commentary

If a President does not understand what he is signing into law, how can he possibly “take Care that the Laws be faithfully executed”?

Health Care Reform Part II: Real Trumpcare Versus Unicorn Trumpcare

5/2/17  //  Commentary

There are important differences between the *real* GOP healthcare bill and the *imaginary* healthcare bill that President Trump has described in interviews. Those differences may affect insurance coverage for millions of Americans and the price of insurance for many more.

Health Care Reform Part I: “Nobody Knew That Health Care Could Be So Complicated”

5/1/17  //  Commentary

The GOP health care bill would result in millions of Americans with pre-existing conditions losing their insurance. Statements by Trump to the contrary just aren't true. Whether he doesn't understand his own plan or is misrepresenting it, Trump has an obligation to be honest about what he has proposed for the nation's health care system.

The Blind Side In Trump’s War On The Administrative State

4/17/17  //  Commentary

Neomi Rao’s nomination to serve as Administrator of the Office of Information and Regulatory Affairs (OIRA) is part of Trump and Bannon’s war on the administrative state.

Leah Litman

U.C. Irvine School of Law

Ian Samuel

Harvard Law School

Uncertainty (Still) Has Consequences – and Trump Knows It

4/13/17  //  Quick Reactions

Yesterday, in an interview with the Wall Street Journal, President Trump admitted that he's toying with the idea of blowing up the Affordable Care Act in order to extract concessions from Democrats.

Nick Bagley

University of Michigan Law School

Rachel Sachs

Washington University Law School

What Happens Next for the ACA?

3/28/17  //  Commentary

President Trump has said that “the best thing we can do politically speaking is let Obamacare explode,” and there’s a lot he can do to make that explosion a reality. Here is what you need to know about what might come next.

Rachel Sachs

Washington University Law School

Nick Bagley

University of Michigan Law School

Is The GOP ACA Repealer Unconstitutional on Federalism Grounds?

3/24/17  //  Commentary

Abbe Gluck explains that, ironically, the GOP proposal to repeal the Affordable Care Act in the name of returning authority over health care to the states has potentially serious constitutional issues on federalism grounds.

Take Care

Confusion Over The Essential Health Benefits

3/24/17  //  Quick Reactions

Last night, House Republicans released the text of the final manager’s amendment to the American Health Care Act. If it becomes law, the individual insurance market will likely collapse nationwide in 2018.

Nick Bagley

University of Michigan Law School

NFIB v. Sebelius As Anti-Canon (a.k.a. This Administration’s Galling Constitutional Hypocrisy)

3/23/17  //  In-Depth Analysis

The Trump administration is engaged in stunning constitutional hypocrisy. Measured against conservatives' professed commitment to "liberty" and "freedom," there is no serious distinction to be drawn between Obamacare and Trump's American Health Care Act.

Leah Litman

U.C. Irvine School of Law