The oral arguments in the Texas v. United States lawsuit aiming to overturn the Affordable Care Act did not go well for backers of the health law on Tuesday. Two of the three judges on the Fifth Circuit Court of Appeals seemed ready to scrap at least pivotal chunks of the ACA. (Here’s a wrap from AP.)
But what comes next – or when it happens – is still a guessing game.
On Tuesday, July 9, the Fifth Circuit Court of Appeals will hear oral arguments in the appeal of Texas v. United States.
The conventional wisdom, even among conservative legal scholars, is that the case was based on such a contorted legal theory that it should not be taken all that seriously.
Then, in December, U.S. District Court Judge Reed O’Connor agreed with Texas and 17 other conservative states and declared the whole Affordable Care Act unconstitutional. Continue reading
We wrote earlier this spring about a batch of ACA litigation still slogging its way through the courts, including one that the Supreme Court has just agreed to take. This is a challenge from health insurers who say the federal government owes them a great big bushel of money.
The case, which is consolidating three lawsuits known as Moda Health Plan v. United States, Maine Community Health Options v. United States, and Land of Lincoln Mutual Health Insurance v. United States, means that the government could have to pay out billions of dollars under the Affordable Care Act – while that very same federal government is still trying to dismantle the ACA in the Texas vs. Azar lawsuit that goes before an appeals court in July. Continue reading
Washington has become the first state to move ahead with a version of a public option – an element of the markets that was part of the original 2009 Affordable Care Act legislation but didn’t survive the U.S. Senate.
The idea was to have one government-run health plan within the exchange to enhance competition with private insurers and keep down costs. Continue reading
Think the only big lawsuit pending on the Affordable Care Act is the Texas fight over whether the whole law is unconstitutional? Think again.
Several lawsuits are still working their way through the courts involving the unpaid cost-sharing reduction (CSR) subsidies, and risk corridor payments. Potentially, the Trump administration could be forced to pay insurers billions of dollars. (Paul Demko has reported on this extensively for Politico, and this post cribs shamelessly — but gratefully — from his knowledge.) Continue reading
In the previous post we talked about the two related but distinct health care cost crises – out-of-pocket burdens on individuals and families, and the overall $3.7 trillion national expenditures. Both Democrats and Republicans are either coming up with plans that shift costs (rather than bring them down or significantly restrain their growth). Or they are working – in some cases, on a bipartisan basis – on issues such as drug costs or surprise medical bills, which may help bring down costs – but unlikely that they will go so far to really reshape the trajectory.
Several experts talked about these issues at a recent Harvard T.H. Chan School of Public Health webinar which I moderated. Politico and the school also did a recent poll on public attitudes on health care costs. (More on that below.) Continue reading