Taking a Dive on Risk Adjustment
The Trump administration says that an adverse court ruling gives it no choice but to suspend some crucial payments under the Affordable Care Act. I don't buy it, and you shouldn't either.
Versus Trump: Texas & Trump Versus The ACA
This week, Jason, Charlie, and Easha are back with a regular episode to discuss a stunning recent development in Texas v. United States, a case by Texas seeking to invalidate the Affordable Care Act (Obamacare). Last month, the Trump Administration not only agreed with Texas that the individual mandate is unconstitutional, but it also told the district court that the requirement to cover everyone with a pre-existing condition on the same terms as healthy folks should be struck down as well. Listen now!
The severability question is not hard.
When Congress repealed the Affordable Care Act's individual mandate penalty, it left the rest of the law intact. The courts should respect that choice and not get drawn in to the relentless campaign against Obamacare.
The case that could end the Texas lawsuit.
A brief from the American Medical Association flags a Fifth Circuit case that seems to dispose of the constitutional argument in the latest challenge to the Affordable Care Act.
A Big Loss for Insurers at the Federal Circuit
The opinion is a $12 billion setback for insurers seeking money they're owed under the Affordable Care Act. But the costs of being cavalier about our debts extend far beyond this arcane fight.
Texas Fold 'Em
The Trump administration has asked a district court to wipe much of the ACA from the books, starting in 2019. The brief represents an enormous blow to the integrity of the Justice Department -- and a threat to the rule of law.
Disparate Impact and the Administrative Procedure Act
The Supreme Court has held that there's no private right of action to enforce Title VI. But the civil rights laws can still form the basis of a challenge to a waiver allowing states to impose work requirements.
Michigan’s Discriminatory Work Requirements
Michigan legislators want to exempt rural residents from Medicaid work requirements, but not extend the same accommodation to people who live in cities. The racial disparities are obvious—and unlawful.