Tag: Individual Mandate

The Health Insurance Donut Hole 3.0

Filed in Health Law by on August 12, 2012 1 Comment
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Professor John Jacobi has informed us well regarding the donut hole to be created for the uninsured who would have been eligible for Medicaid under the ACA expansion of Medicaid in states that choose not to sign on to expanded Medicaid, but apparently there’s another level of donut hole awaiting low- and middle-income Americans potentially […]

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New Medicaid Donut Hole: Update

Filed in Medicaid, State Initiatives by on July 12, 2012 0 Comments
New Medicaid Donut Hole: Update
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I recently wrote about the plight of poor adults in states that reject “Medicaid 2.0” — that is, the expansions of Medicaid contained in the ACA.  Just to recap, the Supreme Court upheld the constitutionality of the expansions, but held that Medicaid’s historical power to enforce state uniformity — sanctioning states up to and including […]

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A Weak Mandate That’s Strong Enough?

Filed in Health Law, Health Reform by on July 2, 2012 0 Comments
A Weak Mandate That’s Strong Enough?
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In Chief Justice John Roberts’ decision in National Federation of Independent Business v. Sebelius, he explains that, in arguing that the individual mandate should be “upheld as within Congress’s enumerated power to “lay and collect Taxes[,]” the Government did not claim that the taxing power allows it to mandate that individuals purchase insurance.  Rather, the […]

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The Umpire Throws a Curveball

Filed in Health Law, Health Reform by on June 29, 2012 0 Comments
The Umpire Throws a Curveball
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During his Senate confirmation hearings, John Roberts famously said that he would “call balls and strikes,” and not “pitch or bat.” It was a memorable promise of judicial modesty, but one that sometimes rang hollow after decisions like Citizens United. On Thursday, in a remarkable opinion that surprised almost everyone, Chief Justice Roberts joined the […]

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ACA Upheld as Tax

Filed in Health Law, Health Reform by on June 28, 2012 0 Comments
ACA Upheld as Tax
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1) A good rundown of “what it means for you” is here. 2) A critical part of the Roberts opinion: The Federal Government does not have the power to order people to buy health insurance. Section 5000A would therefore be unconstitutional if read as a command. The Federal Government does have the power to impose […]

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