Author Archives: Nicholas Bagley

Confusion over essential health benefits

by Nicholas Bagley — Friday, Mar. 24, 2017

The post has been revised to take into account feedback on how best to understand the manager’s amendment. Last night, House Republicans released the text of the final manager’s amendment to the American Health Care Act, including changes to the rules governing the essential health benefits. With these tweaks, the House hopes to pass the bill today. House […]

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Sherley You’re Joking

by Nicholas Bagley — Wednesday, Mar. 22, 2017

In a provocative post from last week, Adam White argued that the D.C. Circuit’s 2012 decision in Sherley v. Sebelius could create difficulties for parties who challenge agency actions taken pursuant to President Trump’s executive orders. Adam makes some good points, but I think Sherley is so badly reasoned that its holding ought to count […]

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A new law blog: Take Care

by Nicholas Bagley — Thursday, Mar. 16, 2017

Today marks the launch of Take Care, a blog “devoted to insightful, accessible, and timely legal analysis of the President’s adherence to [his] duty” to take care that the laws are faithfully executed. For those worried about the rule of law in an Age of Trump (or indeed in any age), the Take Care Blog will be […]

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No, Secretary Price, you can’t fix the CBO score by regulating

by Nicholas Bagley — Tuesday, Mar. 14, 2017

With the release of the dismal CBO report on the American Health Care Act, the administration is playing defense. Secretary Price says the report is “just not believable” because it does not take into account the regulatory changes that he intends to make to bring down the cost of coverage. It also “ignored completely the […]

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Preserving wellness programs by infringing on privacy

by Nicholas Bagley — Monday, Mar. 13, 2017

A bill is moving through Congress—the Preserving Employee Wellness Programs Act—that would effectively allow businesses to require their employees to disclose lots of sensitive medical data, including their genetic information. It’s an ugly piece of legislation. Explaining why is tricky, but bear with me. * * * The point of workplace wellness programs is to […]

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Federalism and the American Health Care Act

by Nicholas Bagley — Wednesday, Mar. 8, 2017

For Vox’s Big Idea series, I’ve adapted my essay, Federalism and the End of Obamacare. Here’s a taste: Republicans may talk the talk of devolving health care policy to the states, but that’s not what the American Health Care Act does. Instead, it starves health reform of the funding upon which it depends. Most significantly, […]

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The Golden State Mandate

by Nicholas Bagley — Wednesday, Mar. 8, 2017

Now that Republicans have finally released their alternative to Obamacare, I’ve got an op-ed in the Los Angeles Times encouraging California and other blue states to take action to protect themselves. [T]he Republican bill would set chaos in motion because it would immediately eliminate the individual mandate — that is, the tax penalty imposed on […]

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The leaked Republican replacement.

by Nicholas Bagley — Monday, Feb. 27, 2017

The text of a draft bill to repeal and replace Obamacare leaked on Friday. Because the draft hews to principles that Republicans have outlined before, its basic contours aren’t that surprising. As I explained to Greg Sargent at the Washington Post: The emerging GOP replacement would repeal tax hikes on the very rich and, instead, […]

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Why the federal government must take the lead on reform.

by Nicholas Bagley — Thursday, Feb. 16, 2017

In yesterday’s post on my new draft essay, Federalism and the End of Obamacare, I emphasized the benefits of returning more regulatory authority to the states. Today, I’d like to draw out a different point: the need for the federal government to take the lead when it comes to financing health reform. The states face […]

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Federalism and the End of Obamacare

by Nicholas Bagley — Wednesday, Feb. 15, 2017

That’s the title of my new essay, which the Yale Law Journal Forum has published in draft form. Here’s the abstract. Federalism has become a watchword in the acrimonious debate over a possible replacement for the Affordable Care Act (ACA). Missing from that debate, however, is a theoretically grounded and empirically informed understanding of how […]

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