Tag Archives: Affordable Care Act

Maybe the Trump Administration Does Have Statutory Authority To Continue Paying Cost-Sharing Subsidies After All

by Daniel Hemel — Tuesday, Oct. 17, 2017

California and 17 other states are suing the Trump administration to stop it from cutting off cost-sharing reduction (CSR) payments to health insurers under the Affordable Care Act. (Note that this is different from the strategy that Tom Baker and I proposed this past April, and that I wrote about in the Washington Post yesterday, which would involve states paying the insurers themselves […]

Repealing Economic Substance Codification and Replacing It With What?

by Daniel Hemel — Monday, Feb. 20, 2017

The Republican effort to repeal the Affordable Care Act appears to be stalling. If and when it picks up again, the fate of section 7701(o) of the Internal Revenue Code will be far from the most consequential issue at stake. But section 7701(o), the provision added by the ACA that codifies the tax law economic […]

The fight over the risk corridor program is heating up.

by Nicholas Bagley — Friday, Sept. 23, 2016

From the Wall Street Journal: Congressional Republicans are warning the Obama administration not to settle with insurers that have sued the government over an Affordable Care Act program to compensate them for losses under the law, saying such a move would bypass spending limits set by Congress. I get what the Republicans are doing here. […]

Suing and settling, Part 2.

by Nicholas Bagley — Tuesday, Sept. 13, 2016

In a January memo to Senator Rubio, the Congressional Research Service laid out an argument for why the Obama administration can’t use the Judgment Fund to settle risk corridor lawsuits. (For prior coverage, see my posts here.) I think CRS is mistaken, and it’s worth explaining why—even if it means getting deep into the weeds […]

Suing and settling.

by Nicholas Bagley — Tuesday, Sept. 13, 2016

The Obama administration made news on Friday afternoon when it announced that it was open to discussing settlements with health plans that have sued the administration over risk corridor payments: As in any lawsuit, the Department of Justice is vigorously defending those claims on behalf of the United States. However, as in all cases where […]

Did the Court Get it Right in House v. Burwell? By Nicholas Bagley

by Nicholas Bagley — Thursday, June 2, 2016

I have a new piece at the New England Journal of Medicine siding with the district court on the merits of the appropriations dispute between the House of Representatives and the Obama administration. Here’s a taste:2 The problem with the administration’s argument is that, by statute, a law “may be construed to make an appropriation […]

Don’t Panic About House v. Burwell, by Nicholas Bagley

by Nicholas Bagley — Tuesday, May 17, 2016

Don’t panic about House v. Burwell. From the New York Times on what might happen if the House prevails in House v. Burwell: A study by the Department of Health and Human Services estimated that premiums for midlevel “silver plans” could rise by nearly 30 percent without [cost-sharing] reimbursements. Many consumers would be protected, since […]

A Government Defeat in House v. Burwell

by Nicholas Bagley — Friday, May 13, 2016

Having previously held that the House of Representatives has standing to sue, the district court in House v. Burwell has now held that the Obama administration is violating the Appropriations Clause in making cost-sharing payments under the ACA in the absence of the requisite congressional appropriation. The court has stayed its decision pending appeal, meaning […]

D.C. Circuit Review – Reviewed: Obamacare Round 3?

by Aaron Nielson — Monday, Aug. 10, 2015@Aaron_L_Nielson

So I am the newest contributor to this blog. I teach administrative law and federal courts at Brigham Young University. I plan on blogging about D.C. Circuit administrative law decisions in a regular feature dubbed D.C. Circuit Review – Reviewed. The feature will begin later this month. Today, however, merits a special post. Friday morning […]

What King v. Burwell Means for Administrative Law

by Chris Walker — Thursday, June 25, 2015@chris_j_walker

Today the Court handed down a 6-3 decision in King v. Burwell, upholding the Government’s regulation interpreting the Affordable Care Act to allow for tax subsidies in healthcare exchanges established by the Federal Government. This is a big win for the Obama Administration in a case that most felt could go either way after the […]