Author Archives: Nicholas Bagley

Moral conviction and the contraception exemptions

by Nicholas Bagley — Monday, June 5, 2017

The Trump administration’s draft contraception rule would not only allow employers to drop contraception coverage for religious reasons. It would also allow employers who have moral objections to do the same. That gives rise to a puzzle. The lawsuits over the contraception mandate have focused on the Religious Freedom Restoration Act (RFRA), which requires the […]

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The new contraception rule is procedurally flawed

by Nicholas Bagley — Thursday, June 1, 2017

Yesterday, Dylan Scott and Sarah Kliff at Vox got their hands on a leaked version of a draft rule from HHS that, if adopted, would make it much easier for employers to drop contraception coverage for their employees. The rule is under review at the Office of Management and Budget; it could be approved any […]

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Taking the Nuclear Option Off the Table

by Nicholas Bagley — Monday, May 22, 2017

Last Thursday, fifteen states and the District of Columbia moved to intervene in House v. Price, the case about the ACA’s cost-sharing reductions. At the same time, they asked the court to hear the case promptly. This is a bigger deal than it may seem, and could offer some comfort to insurers that are in […]

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The Michigan Morsel

by Nicholas Bagley — Thursday, May 4, 2017

To corral some last-minute votes, the House leadership has endorsed the Upton amendment to the American Health Care Act. The legislative text was released late yesterday, giving members no time to understand what it does before they vote on it today. That’s a shame: the amendment works at cross-purposes with other parts of the AHCA, […]

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“Everyone seems to agree: Drug prices are too damn high.”

by Nicholas Bagley — Friday, Apr. 28, 2017

So begins a post from Rachel Sachs, Darius Lakdawalla, and me at the Health Affairs Blog on the complicated interplay between value-based pricing and Medicaid’s best-price rule. What is the best-price rule? Does it really impede the adoption of value-based pricing? If so, what can be done about it? To keep federal spending in check, […]

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Uncertainty (Still) Has Consequences – and Trump Knows It

by Nicholas Bagley — Thursday, Apr. 13, 2017

This post was co-authored with Rachel Sachs, a professor at Washington University School of Law. It has been cross-posted at Take Care, a blog concerned with President Trump’s constitutional duty to take care to faithfully execute the law. Yesterday, in an interview with the Wall Street Journal, President Trump admitted that he’s toying with the idea […]

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Waivers and the future of repeal and replace

by Nicholas Bagley — Tuesday, Apr. 11, 2017

Over at National Review, Yuval Levin argues that a Republican consensus over repeal and replace might slowly be emerging: It now seems that the familiar debates about tax credits vs. deductions and even about spending levels aren’t exactly where the dividing lines are in the House conference. Rather, … the Freedom Caucus Republicans want to […]

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Too little, too late

by Nicholas Bagley — Friday, Apr. 7, 2017

In their latest amendment to the American Health Care Act, House Republicans have created something called an “invisible risk sharing program.” The amendment is befuddling. The invisible program is a minor tweak that won’t improve the AHCA’s dismal coverage numbers. It’s not even really a program. If there’s any prospect at all of salvaging Republican-style […]

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The complications of House v. Price

by Nicholas Bagley — Thursday, Mar. 30, 2017

I’ve got a piece at Vox discussing what happens next with House v. Price, the Obamacare litigation over whether Congress has appropriated the money to make cost-sharing payments. To bring you quickly up to speed: a district court in Washington, D.C., concluded last year that the Obama administration was breaking the law in making the […]

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What happens next to the ACA?

by Nicholas Bagley — Tuesday, Mar. 28, 2017

This post was co-authored with Rachel Sachs, a law professor at Washington University School of Law. It has been cross-posted at Take Care, a new blog concerned with President Trump’s constitutional duty to take care to faithfully execute the law. In his speech after withdrawing the Republican health care bill from consideration on Friday, Speaker of […]

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