Medicaid and CHIP
Challenges to the Affordable Care Act: Highlights from the Supreme Court Briefs–Center for Constitutional Jurisprudence/Pacific Legal Foundation on Medicaid Expansion
Posted on January 31, 2012
About this special series: On November 4, 2011, the Supreme Court granted certiorari in two cases arising out of constitutional challenges to the Affordable Care Act (ACA). The Court is set to hear oral arguments in the (now consolidated) cases over three days, beginning on March 26, 2012. As part of our continuing coverage of the litigation, HealthReform GPS will post periodic updates as the parties and their amici file briefs in the coming weeks. Amicus briefs, filed by individuals and organizations with an interest in the outcome of the litigation, are also known as “friend of the court” briefs. In ACA litigation, numerous amicus briefs are expected on the four questions the Court will hear. For a detailed explanation of the cases and the four issues, click here.
The oral argument dates are shown below:
- Monday, March 26: Department of Health and Human Services et al., v. Florida et al.–Anti-Injunction Act – 1 hour beginning at 10 a.m.
- Tuesday, March 27: Department of Health and Human Services et al., v. Florida et al.–Minimum Coverage Provision – 2 hours beginning at 10 a.m.
- Wednesday, March 28: National Federation of Independent Business v. Sebelius, Secretary of HHS et al. and Florida et al., v. Department of Health and Human Services et al.–Severability – 90 minutes beginning at 10 a.m. AND Florida et al., v. Department of Health and Human Services et al.–Medicaid – 1 hour beginning at 1 p.m.
For access to our entire list of amicus brief summaries, click here.
Spotlight on: The Center for Constitutional Jurisprudence/Pacific Legal Foundation on Medicaid Expansion
The Center for Constitutional Jurisprudence is the public interest law arm of the Claremont Institute, whose mission is to “uphold and restore the principles of the American Founding to their rightful and preeminent authority in our national life, including the foundational…
The Center for Medicare and Medicaid Innovation: A Year’s Progress
Posted on January 26, 2012
Improving the quality of care delivery and reducing explosive growth in healthcare costs is a cornerstone of The Patient Protection and Affordable Care Act (ACA). It reflects the shared understanding that the current silo-based approaches to care delivery that focus on settings of care (e.g., physician office, hospital) rather than care delivery across multiple providers and setting (e.g., episodic) are not working. Costs are increasing at an unsustainable pace, and evidence from leading researchers collectively points to serious deficiencies in health care quality and the disconnect between high spending and health care quality.
To foster the development of more collaborative and…
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Challenges to the Affordable Care Act: Highlights from the Supreme Court Briefs–The States on the Medicaid Expansion
Posted on January 24, 2012
About this special series: On November 4, 2011, the Supreme Court granted certiorari in two cases arising out of constitutional challenges to the Affordable Care Act (ACA). The Court is set to hear oral arguments in the (now consolidated) cases over three days, beginning on March 26, 2012. As part of our continuing coverage of the litigation, HealthReform GPS will post periodic updates as the parties and their amici file briefs in the coming weeks. Amicus briefs, filed by individuals and organizations with an interest in the outcome of the litigation, are also known as “friend of the court” briefs. In ACA litigation, numerous amicus briefs are expected on the four questions the Court will hear. For a detailed explanation of the cases and the four issues, click here.
The oral argument dates are shown below:
- Monday, March 26: Department of Health and Human Services et al., v. Florida et al.–Anti-Injunction Act – 1 hour beginning at 10 a.m.
- Tuesday, March 27: Department of Health and Human Services et al., v. Florida et al.–Minimum Coverage Provision – 2 hours beginning at 10 a.m.
- Wednesday, March 28: National Federation of Independent Business v. Sebelius, Secretary of HHS et al. and Florida et al., v. Department of Health and Human Services et al.–Severability – 90 minutes beginning at 10 a.m. AND Florida et al., v. Department of Health and Human Services et al.–Medicaid – 1 hour beginning at 1 p.m.
For access to our entire list of amicus brief summaries, click here.
Spotlight on: The States’ Brief on the Medicaid Expansion Provision
The States’ Medicaid brief, filed on January 10, 2012, argues that the ACA’s Medicaid expansion crosses the line between strong political…
ACAP releases article on dual eligibles
Posted on January 12, 2012
Jane Hyatt Thorpe and Katherine Jett Hayes recently released an article funded by the Association for Communication Affiliated Plans (ACAP), “A New State Plan Option to Integrate Care and Financing for Persons Dually Eligible for Medicare and Medicaid,” which reviews barriers to clinical and financial integration in services for dual eligibles prior to passage of the ACA, identifies models used by states to integrate care through contract and waiver authorities available to CMS prior to passage of the ACA, describes two new demonstrations proposed by CMS through the Medicare-Medicaid Coordination Office and Innovation Center, and introduces a state plan option as a new model for consideration by federal and state policymakers. This new model draws on experience from existing programs and waivers to provide a permanent state plan option for a fully integrated, capitated care model that could be made available to states prior to the completion of the demonstration process begun by the Medicare-Medicaid Coordination Office and Innovation Center.
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RWJF and National Academy of Social Insurance release report on Medicaid, Exchanges, and the individual insurance market
Posted on January 11, 2012
The Robert Wood Johnson Foundation and the National Academy of Social Insurance recently released “Building a Relationship between Medicaid, the Exchange and the Individual Insurance Market,” which examines the practical and conceptual factors that underlie the federal/state relationship in dealing with the alignment of Medicaid and the State Health Insurance Exchange policy. The report lays out dimensions of collaboration between states and the federal government that could help establish a seamless continuum of coverage for those who may move between eligibility for Medicaid and for tax subsidies in the Exchange.
HHS releases Medicaid quality measures
Posted on January 6, 2012
The Department of Health and Human Services (HHS) December 31, 2011 released a set of 26 quality measures to help track and improve health care delivered to Medicaid enrollees. The 26 quality measures are grouped into six major categories: 1) prevention and health promotion (e.g., flu shots for adults); 2) management of acute conditions (e.g., follow-up after hospitalization); 3) management of chronic conditions (e.g., controlling high blood pressure); 4) family experiences of care (e.g., surveys); 5) care coordination (e.g., timely transmission of records among providers); and 6) availability of care (e.g., prenatal and postpartum care). The development of these quality measures is mandated under the Affordable Care Act (ACA). Initially, HHS released a set of 51 proposed measures on December 31, 2010 and accepted public comments for two months. HHS reportedly received about 100 comments, many of which pertained to the overwhelming volume of quality measures. The Agency for Healthcare Research and Quality (AHRQ), the Centers for Medicare & Medicaid Services (CMS), and other agencies within HHS were involved in pairing down the final core set to 26 quality measures.
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Prominent Republican Discusses Importance of Medicaid on Senate Floor
Posted on December 19, 2011
Senator Charles Grassley (R-IA), Ranking Member of the Senate Judiciary Committee, gave a speech on the Senate floor warning members of the dire consequences to Congressional powers if the Supreme Court finds in favor of States on the ‘Medicaid Commandeering’ argument. The Court has agreed to hear oral arguments on multiple challenges to the Affordable Care Act (ACA) over a three day stretch in late March of 2012. These challenges include an objection by States of the Medicaid expansion provisions of the ACA, which require States to expand Medicaid eligibility to 133% of the federal poverty level (FPL) in order to receive additional federal dollars.
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GAO compares PCIP implementation with CHIP
Posted on December 15, 2011
The U.S. Government Accountability Office (GAO) has issued a report comparing the early stages of the federal Pre-Existing Condition Insurance Plan (PCIP) with the Children’s Health Insurance Program (CHIP). The federal PCIP was authorized by the Affordable Care Act (ACA), and is intended to provide insurance for individuals with previously existing medical conditions who have been unable to obtain health insurance coverage for at least 6 months. GAO was tasked by the Senate with comparing early enrollment and implementation across both PCIP and CHIP. GAO found that like CHIP, enrollment in PCIP was slow in the beginning, but increased over time. GAO also found that enrollment in PCIP was generally lower in States that had high risk pools than in States that did not.
For more information on pre-existing conditions, click here.
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Supreme Court agrees to hear health reform challenges
Posted on November 14, 2011
The U.S. Supreme Court has granted writ of certiorari (cert) to three appellate court cases involving multiple issues related to the constitutionality of the Affordable Care Act (ACA). The Court set aside 5-1/2 hours for oral arguments, which will likely take place in March. The justices will hear arguments on four issues: (1) the constitutionality of the individual mandate; (2) whether other provisions of the ACA should be severed (and remain in effect) if the individual mandate is found to be unconstitutional; (3) the applicability of the Anti-Injunction Act on whether the Court has jurisdiction to hear the cases, and; (4) the legality of the ACA’s Medicaid eligibility expansion.
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CHIP open to children of low-income State employees
Posted on November 7, 2011
Prior to passage of the Affordable Care Act (ACA), section 2110(b) of the Social Security Act excluded children who were eligible for health benefits coverage under a State health benefits program from CHIP. Over time, however, it became clear that in some States, children of State employees do not have access to affordable, comprehensive coverage options. Many of these children were within the income eligibility level of their State’s CHIP program. Section 10203(b)(2)(D) of the ACA amends the definition of a targeted low-income child by permitting States to extend CHIP eligibility to children of State employees who are otherwise eligible under the State child health plan. At least six states have taken advantage of the new provision.
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- Constitutional Challenges Update: Florida et al. v United States Department of Health and Human Services posted on January 4, 2012
- The Center for Medicare and Medicaid Innovation: A Year’s Progress posted on January 26, 2012
- Chronic Disease Management posted on February 23, 2011
- Hospital Readmissions Reduction Program posted on November 1, 2011
- Update to Consumer Operated and Oriented Plan (CO-OP) Program: Final Rule posted on January 18, 2012
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- Challenges to the Affordable Care Act: Highlights from the Supreme Court Briefs–NFIB on Severability
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- Challenges to the Affordable Care Act: Highlights from the Supreme Court Briefs–Health Law Professors on the mandate
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