Legislative and Legal Challenges

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Day Three: U.S. Supreme Court Hears Oral Arguments Addressing Challenges to ACA

Today marked the end of the three-day (6 hour) hearing on the constitutionality of the law. An audio recording and transcript of today's oral argument (3/28), which focused on the issue of severability and whether the Medicaid Expansion was coercive, were made available by the court (see above link).



Amicus Brief on Health Law's Medicaid Expansion

Samuel Bagenstos, professor of law and former Principal Deputy Assistant Attorney General for Civil Rights at the U.S. Department of Justice, filed this amicus brief with the Bazelon Center for Mental Health Law regarding challenges to the ACA's Medicaid expansion. A number of disability advocacy organizations signed on.



Summary of 25 "Friend of the Court" Briefs Supporting the ACA

The Center for American Progress summarizes briefs filed by a wide variety of groups, including constitutional and health scholars, hospitals and civil rights organizations, supporting the health reform law.



U.S. Supreme Court Schedules ACA Hearings

The schedule is now set by the U.S. Supreme Court to hear oral arguments on the constitutional challenges to the ACA. Additionally, updated individual actions which have been brought to state legislatures are available to view online.



Factors Affecting the Future of CLASS

This article from Kaiser Health News outlines the major factors that will shape the future of the Community Living Assistance Services and Supports (CLASS) program , a long term care insurance program created by the Patient Protection and Affordable Care Act.



Scoreboard: Tracking Health Law Court Challenges

This article from Kaiser Health News summarizes the legal challenges that have been brought against the health reform law to date.



Legal Challenges to Health Reform

On the heels of a recent federal appeals court ruling that Congress can require Americans to obtain health insurance coverage, this policy brief from Health Affairs and the Robert Wood Johnson Foundation (RWJF) examines the status of several lawsuits challenging the constitutionality of various aspects of the Affordable Care Act (ACA). Since the law's passage in March 2010, state governments, organizations, lawmakers and private individuals have filed about 30 such lawsuits.

pdf File Legal Challenges to Health Reform.pdf [download]

Money Follows the Person: A 2012 Survey of Transitions, Services and Costs

The Affordable Care Act extended the Money Follows the Person (MFP) demonstration grant program through 2016, giving states further options to transition Medicaid beneficiaries living in institutions back to the community. Enacted into law in 2006 as part of the Deficit Reduction Act (DRA), the MFP demonstration provides states with enhanced federal matching funds for twelve months for each Medicaid beneficiary transitioned from an institutional setting to a community-based setting.

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