Author Archives: Nicholas Bagley

Can the courts stop ACA waivers from taking effect?

by Nicholas Bagley — Thursday, Sept. 14, 2017

Iowa has submitted a waiver proposal under section 1332 of the Affordable Care Act that, if granted, would radically reshape its individual insurance market; Oklahoma may soon do the same. Both states have been accused of relying on some magical numbers, and Iowa’s waiver appears to violate the ACA’s guardrails, which require states to assure […]

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A judge rules that EEOC’s rule on wellness programs is busted.

by Nicholas Bagley — Wednesday, Aug. 23, 2017

Back in November 2015, I criticized a proposed rule about wellness programs that the Equal Employment Opportunity Commission was then considering. The rule would have allowed employers to impose a financial penalty—up to 30 percent of annual premiums—on employees who declined to participate in a wellness program. The trouble was that the Americans with Disabilities […]

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The D.C. Circuit just made it harder for Trump to stop the cost-sharing payments

by Nicholas Bagley — Wednesday, Aug. 2, 2017

This afternoon, the D.C. Circuit granted a motion from a group of fifteen states, led by California, to intervene in the pending appeal in House v. Price. As I explained when the motion was filed, allowing the states to intervene will prevent the Trump administration from unilaterally dismissing its appeal in the case. That’s a […]

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Here’s how Trump could sabotage Obamacare

by Nicholas Bagley — Tuesday, Aug. 1, 2017

I’ve got a new op-ed under that headline in the L.A. Times. Here’s an excerpt: The private insurance market is much more vulnerable. And the biggest problem may not be what the Trump administration does. It may be what it doesn’t do. The exchanges depend on complicated information technology, and maintaining them requires competent day-to-day […]

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Waivers are dead, long live waivers

by Nicholas Bagley — Friday, July 28, 2017

At 10pm on Thursday, the Senate finally released a “repeal” bill—the Health Care Freedom Act—that may have the votes to pass. If you’ve been following the reporting, it’s mostly as expected. The bill repeals the individual mandate, delays the employer mandate until 2025, delays the implementation of the medical device tax until 2021, and defunds […]

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Arbitration can obscure safety problems in nursing homes

by Nicholas Bagley — Monday, July 24, 2017

This is the third post in a series on a proposed CMS rule that would eliminate an Obama-era ban on pre-dispute arbitration for nursing home residents. For the intro, see here. As I explored in my last post, the research suggests that malpractice law doesn’t much improve the quality of care in nursing homes. If that’s […]

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The research on malpractice and nursing homes

by Nicholas Bagley — Tuesday, July 11, 2017

This is the second post in a series on a proposed CMS rule that would eliminate an Obama-era ban on pre-dispute arbitration for nursing home residents. For the intro, see here. By penalizing injury-causing negligence, tort law is supposed to deter negligent conduct. That’s one of the reasons (but not the only one) that CMS […]

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Nursing homes, mandatory arbitration, and administrative law

by Nicholas Bagley — Wednesday, July 5, 2017

Emboldened by a string of aggressive Supreme Court decisions, businesses are increasingly turning to arbitration to shield themselves from civil litigation. Odds are, for example, that you’ve signed away your right to sue your cell phone carrier and cable company. Not that you noticed. You just clicked “yes” when asked if you’d read pages of […]

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The Republicans’ Uncertainty Strategy

by Nicholas Bagley — Thursday, June 29, 2017

Together with Craig Garthwaite, a professor at Northwestern, I’ve got an op-ed in the New York Times on the consequences of the Republicans’ strategy to sabotage the Affordable Care Act. The health care industry consists of a dense network of public-private partnerships. Even programs widely viewed as “government” insurance, like Medicare and Medicaid, depend on […]

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Can you smell the freedom?

by Nicholas Bagley — Wednesday, June 28, 2017

The central theme of the Republican campaign to repeal the Affordable Care Act has been freedom: freedom from Obamacare’s onerous regulations, freedom from overpriced insurance and most of all, freedom from the tyrannical individual mandate. The Senate has now released its long-awaited alternative to Obama-era health reform. Although the Better Care Reconciliation Act is embattled, there’s still a decent […]

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