The Future of Health Care Reform Remains in Federal Court
Forthcoming in THE FUTURE OF HEALTH CARE REFORM IN THE UNITED STATES (M. Schill & A. Malani eds., University of Chicago Press)
Prepared for the Conference on the Future of Health Care Reform in the U.S., University of Chicago Law School, October 12, 2012
41 Pages Posted: 16 Feb 2013 Last revised: 10 Jul 2014
Date Written: March 2014
Abstract
National Federation of Independent Business v. Sebelius did not mark the end of litigation challenging the Patient Protection and Affordable Care Act (PPACA) against constitutional attack. To the contrary, PPACA litigation continues apace and could well increase in the years to come as federal agencies seek to implement the health care reform law. This essay provides a brief overview of how continuing litigation in federal court will affect the implementation – and perhaps even the ultimate viability – of Congress’s latest and most ambitious health care reform effort. Topics discussed include legal challenges to the availability of tax credits in federally run health insurance exchanges and a requirement that group health plans cover contraception, and prospective challenges to the Independent Payment Advisory Board and revisions to the individual mandate penalty.
Keywords: Affordable Care Act, health care reform, NFIB v. Sebelius, Obamacare, PPACA, insurance exchanges
JEL Classification: K32, K23
Suggested Citation: Suggested Citation