5/10/18  //  Commentary

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.

5/9/18  //  Uncategorized

Low-income residents in Michigan’s cities are significantly less able to travel for work than people in rural communities. But Michigan legislators wants to exempt only the latter from their new work requirements. That's both immoral and illegal.

5/8/18  //  Uncategorized

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.

5/3/18  //  Commentary

Last year, the Department of Health and Human Services under Tom Price dismantled some demonstration projects that would have told us a lot about how to hold down Medicare spending. Alex Azar, the new Secretary of HHS, should bring them back.

4/20/18  //  Commentary

The Court of Federal Claims has certified a class action brought by insurers to recover the cost-sharing payments that President Trump unceremoniously terminated. Its rationale suggests that the United States could be held liable for tens of billions of dollars.

3/9/18  //  Commentary

The Trump administration won't look the other way as Idaho ignores the Affordable Care Act. But it's hoping to adopt a rule that will allow Idaho to achieve the same goal by other means.

3/5/18  //  Commentary

A group of 20 states argues that the entire ACA should be invalidated. The litigation doesn't have legs, but will the Justice Department defend the law?

2/22/18  //  Commentary

Idaho is flouting the Affordable Care Act. Will the courts do anything to stop it?

12/18/17  //  Commentary

A district court has stopped the Trump administration's hasty and poorly justified effort to relieve employers of their legal obligation to cover contraception.

12/14/17  //  Commentary

Adopting mandates at the state level would help stabilize insurance markets, keeping premiums in check and forestalling coverage losses. And it's perfectly legal.

11/16/17  //  Commentary

Is the country really better off if millions of people forgo medical care, and millions more go bankrupt, so that corporations can pay lower taxes? That’s not a rhetorical question. Those are the stakes of the game.

10/31/17  //  Commentary

The Trump administration wants to relax the rule requiring health plan to cover the essential health benefits. But its proposal has some legal problems.

10/19/17  //  Commentary

Yesterday, a group of 19 states asked a California district court to stop the Trump administration from cutting off the cost-sharing payments. Their lawsuit likely isn't meritorious.

10/18/17  //  Commentary

New bipartisan legislation to restore the cost-sharing payments would also make some changes to the rules governing ACA waivers. How substantial are those changes?

10/16/17  //  Commentary

With its abrupt decision to terminate the cost-sharing subsidies, the Trump administration has thrown the exchanges into chaos on the eve of open enrollment; it has imperiled the full faith and credit of the United States; and it will cause a massive increase in federal spending.