06.18.21
Actions
Type
Past issues are available in the Media Library.
Yesterday, in a 7-2 decision, the U.S. Supreme Court again refused to invalidate the Affordable Care Act. The court’s finding largely was that the plaintiffs didn’t have standing, rather than a decision on the merits of the law itself. However, the alternative — an opinion invalidating the ACA — would have created chaos in the health care system.
This is the third challenge to the ACA reviewed by the Supreme Court. It is impossible to know if it will be the last. Legal experts offer differing opinions. However, given the long path to the Supreme Court, it is likely that the systems and coverage put in place through the law will remain safe for some time. That’s good news. The health care and health insurance systems work best when they operate from a stable platform.
For the participants in the ACA’s marketplace, this certainly is good news. The nation’s health insurance options for individuals outside of Medicare, Medicaid or employer-sponsored programs were a mess prior to the ACA — especially for those with preexisting conditions. This decision offers a reprieve from the high-risk pools and other systems that were the norm.
In Missouri, this decision matters both for those in the federal health insurance marketplace, as well as those potentially eligible through the state’s new constitutional right to coverage through Medicaid expansion. The uncertainty created by the regular ACA litigation at the federal level has been an argument for Missouri’s delayed adoption.
While the decision may have no direct bearing on the Medicaid expansion case scheduled to be heard before the Missouri Circuit Court next week, and likely later the Missouri Supreme Court, it does signal that the U.S. Supreme Court is loath to upend the law entirely. The pending state litigation on Medicaid expansion will be resolved in the coming months. However, the durability of the ACA remains a powerful policy argument for expansion. Denying implementation simply compounds the lost opportunity to extend coverage and improve health through the ACA’s generous state-federal Medicaid expansion partnership.
It’s hard to believe this will be the last word on the issue. However, this opinion is good news for the stability of hospitals and the health care system.
At the same time, Medicaid matters to Missouri’s health care system. That fight continues next week.
Let me know what you are thinking.
Herb B. Kuhn
MHA President and CEO
MHA Submits Health Equity Comment Letter
Court Postpones Medicaid Expansion Trial In Observance of Juneteenth
MHA Releases Medicare ED And Observation Utilization Analysis
DHSS Publishes Nurse Assistant Emergency Rule
CMS Releases Interoperability And Patient Access Final Rule FAQs
CMS May Allow Survey Flexibility With COVID-19 Surge
MLN Connects Provider eNews Available
Study Reveals Opioid Agonist Treatment Reduces Mortality Risk
FMT Releases Community Impact And Benefit Activities Report
CMS Randomly Selects Inpatient Hospitals For FY 2024 Validation
CMS Announces OQR Education Session
