Recent | Take Care

Ending a Critical Obamacare Subsidy

The Trump administration will terminate the Affordable Care Act’s cost-sharing payments, further destabilizing the already-fragile exchanges on the eve of open enrollment. The legal fallout will be complex, messy, and expensive.

Nick Bagley

University of Michigan Law School

The Trump Administration and Contraception Coverage

10/6/17 // Commentary

The Department of Health and Human Services has released two new rules limiting access to contraception coverage. They're both legally flawed.

Nick Bagley

University of Michigan Law School

Faux Federalism

9/28/17 // Commentary

Graham-Cassidy should be seen for what it is: an effort to prevent any level of government, state or federal, from making good on the promise of universal coverage.

Nick Bagley

University of Michigan Law School

The Amended Version of Graham-Cassidy is a Mess

9/25/17 // Commentary

Senate Republicans have released a new version of their last-gasp effort to undo the Affordable Care Act. It's a mess.

Nick Bagley

University of Michigan Law School

Can the Courts Stop Affordable Care Act Waivers From Taking Effect?

9/14/17 // Commentary

Iowa has asked the Trump administration to approve an unlawful waiver. Could the courts step in if the administration grants the waiver?

Nick Bagley

University of Michigan Law School

The EEOC's Rule on Wellness Programs Is Busted

8/23/17 // Commentary

A federal judge has held that EEOC violated the APA in issuing a rule that would have allowed employers to penalize employees who opted out of wellness programs. But the judge has left the rule in place for now.

Nick Bagley

University of Michigan Law School

The D.C. Circuit Just Made it Harder for Trump to Stop the Cost-Sharing Payments

8/3/17 // Quick Reactions

Two days ago, the D.C. Circuit granted a motion from a group of fifteen states, led by California, to intervene in the pending appeal in House v. Price. Allowing the states to intervene will prevent the Trump administration from unilaterally dismissing its appeal in the case.

Nick Bagley

University of Michigan Law School

Here's How Trump Could Sabotage Obamacare

8/2/17 // Commentary

Should the Trump Administration do whatever it can to make Obamacare work? Or should it sabotage the law in an effort to force Democrats to the bargaining table?

Nick Bagley

University of Michigan Law School

Waivers Are Dead, Long Live Waivers

7/27/17 // Quick Reactions

The new skinny repeal bill contains an unwelcome surprise: a waiver provision that may provide a backdoor way for states to undo some of the ACA’s most significant protections.

Nick Bagley

University of Michigan Law School

Arbitration Can Obscure Safety Problems in Nursing Homes

7/24/17 // Commentary

The Trump administration wants to allow nursing homes to require their residents to arbitrate any disputes. Will that reduce nursing home quality?

Nick Bagley

University of Michigan Law School

The Research on Malpractice and Nursing Homes

7/11/17 // Commentary

The Trump administration wants to allow nursing homes to require their residents to arbitrate any disputes. Will that reduce nursing home quality?

Nick Bagley

University of Michigan Law School

Nursing Homes, Mandatory Arbitration, and Administrative Law

7/5/17 // Commentary

The Trump Administration has quietly retreated from (and sought to undo) an effort by the Centers for Medicare and Medicaid Services to push back on mandatory arbitration.

Nick Bagley

University of Michigan Law School