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.
Bring back the Medicare experiments!
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.
Knock it off, Idaho. (But carry on, Idaho.)
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.
Enjoining the Contraception Rules
A district court has stopped the Trump administration's hasty and poorly justified effort to relieve employers of their legal obligation to cover contraception.
The Brutal Math of Repealing the Individual Mandate
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.
Trump and the Essential Health Benefits
The Trump administration wants to relax the rule requiring health plan to cover the essential health benefits. But its proposal has some legal problems.
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?
Trump has declared open war on Obamacare
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.