Monthly Archives: December 2016

A step forward on surprise billing.

by Nicholas Bagley — Monday, Dec. 19, 2016

Per a rule released last week, CMS will now require qualified health plans to count the cost sharing paid by the enrollee for an essential health benefit provided by an out-of-network ancillary provider at an in-network setting towards the enrollee’s in-network annual limitation on cost sharing for QHPs in certain circumstances. Let’s say you go […]

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Stigma, Sexual Assault, and the Structure of Title IX Compliance

by Sam Halabi — Monday, Dec. 19, 2016

It is inevitable that the priorities of the Department of Education will change under its new chief, Betsy DeVos. The purpose of this post is to take one of the Obama-era legacies – Title IX enforcement – and suggest ways it might be improved – especially as understood from an individual health lens. While the […]

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Conclusion: Symposium on the ABA AdLaw Section’s 2016 Report to the President-Elect, by Emily Bremer and Paul Noe

by Emily Bremer — Friday, Dec. 16, 2016@emilysbremer

Over the last several weeks, we have hosted an online symposium on the 2016 Report to the President-Elect on Improving the Administrative Process, which was released by the ABA Section on Administrative Law and Regulatory Practice in advance of the presidential election. The symposium has generated a robust, diverse discussion of many of the recommendations […]

D.C. Circuit Review – Reviewed: “Appointed by the Court”

by Aaron Nielson — Friday, Dec. 16, 2016@Aaron_L_Nielson

This has been a fairly quiet week in the D.C. Circuit. We have four cases — none of which is a blockbuster. Yet one case in my particular caught my attention: Angelene Hardaway v. District of Columbia Housing. Here’s why: The prevailing attorneys (Dina B. Mishra and Steven H. Goldblatt) were “appointed by the court,” […]

Patching the ACA at the state level.

by Nicholas Bagley — Friday, Dec. 16, 2016

When it comes to repealing the ACA, one of the trickiest questions concerns timing. Congressional Republicans don’t want to pitch 20 million people off of their insurance right away. Nor do they want the midterm elections to be fought amidst the collapse of the individual market. At the same time, they’re committed to repeal. To […]

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Why the CFPB Director Shouldn’t Be Going Anywhere, by Brianne Gorod

by Guest Blogger — Thursday, Dec. 15, 2016

There’s been a lot of talk in Washington lately about the people President-elect Trump has chosen to fill various executive branch positions, but there’s one position we shouldn’t be hearing talk about him filling: Director of the Consumer Financial Protection Bureau (CFPB). When Congress created the CFPB, it deliberately chose to insulate the CFPB Director […]

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Administrative Law SSRN Reading List, November 2016 Edition

by Chris Walker — Wednesday, Dec. 14, 2016@chris_j_walker

Here is the November 2016 edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. This is a terrific set of papers, and I wish I had more time this week to say a few words about each one. Bureaucracy […]

Regulatory Review for Independent Agencies, by Neomi Rao

by Guest Blogger — Wednesday, Dec. 14, 2016

The gap between textbook administrative law and actual practice exists in many areas, but perhaps nowhere more so than with respect to the so-called independent agencies. In theory, such agencies operate “independent” of the control and direction of the President. In practice, the White House has myriad mechanisms to oversee and even to control these […]

Promoting the Alternative to the Alternative to Courts, by Renée M. Landers

by Guest Blogger — Tuesday, Dec. 13, 2016

In A Report to the President-Elect of the United States 2016, the ABA’s Section of Administrative Law and Regulatory Practice calls attention to the opportunity to enhance to the efficiency of, and satisfaction with, the outcomes of agency adjudications by expanding the government’s commitment to using ADR techniques. Any discussion of ADR in the context […]

Should Congress Impeach Obama for His Emoluments Clause Violations?

by Andy Grewal — Tuesday, Dec. 13, 2016

My prior post explained how ordinary business transactions between foreign governments and the Trump Organization would not automatically create violations of the Foreign Emoluments Clause regarding President-elect Trump. That post concluded that the term “emolument” refers only to payments made in connection with the performance of services for a foreign government (whether as an officer or employee), […]

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