Tag Archives: Medicaid

Medicaid Programs Can’t Withhold a Hep C Cure

by Nicholas Bagley — Wednesday, June 1, 2016

It was only a matter of time. Last Friday, a federal judge in Washington State entered a preliminary injunction ordering the state’s Medicaid program to pay for direct-acting antivirals—think Harvoni or Sovaldi—for any beneficiary diagnosed with Hepatitis C. Like many states, Washington has a policy of refusing to supply the drugs until the disease has […]

Employer Consequences of the Illegal ACA Tax Credit Expansion

by Andy Grewal — Tuesday, Apr. 7, 2015

In my prior posts, I have discussed two Treasury/IRS regulations that contradict the language of Section 36B. The first regulation rewrites Section 36(c)(1)(B) and extends the ACA tax credit, in a roundabout way, to unlawful aliens. However, as I previously noted, it’s doubtful that the employers of the unlawful aliens would face any adverse consequences […]

Another “Glitch” with the ACA Tax Credit?

by Andy Grewal — Monday, Mar. 30, 2015

As the end of the Supreme Court’s current term nears, all eyes are on King v. Burwell, in which the Court will address whether premium tax credits under the Affordable Care Act extend to purchases of health plans on federally established exchanges. As I learn more about Section 36B, however, I’m growing increasingly concerned that […]

Respecting the States

by Nicholas Bagley — Monday, Feb. 9, 2015

One of the strangest things about King v. Burwell is the challengers’ claim that the ACA clearly withholds tax credits from states that refused to set up exchanges. When asked why on earth Congress would do such a thing, the challengers insist that Congress badly wanted the states to establish their own exchanges. The tax […]

Why is CMS Withholding Substance Use Data from Researchers?

by Nicholas Bagley — Monday, Dec. 8, 2014

According to recent reports, CMS has begun withholding from researchers Medicare and Medicaid claims data relating to substance use diagnoses and related procedures. The agency’s decision will impair research relating not only to substance use, but also any research that depends on unbiased Medicare and Medicaid data. Much of that research is designed to improve […]