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By Jeremy Kreisberg Professors Nicholas Bagley and Jonathan Adler had a very interesting discussion on Halbig v. Sebelius — the case challenging the legality of offering premium tax credits through federally facilitated exchanges (about which…
By Jeremy Kreisberg The New England Journal of Medicine features two excellent articles discussing the legality of the Obama administration’s various delays of provisions of the ACA. Unlike a great deal of the debate over…
By Jeremy Kreisberg I think it is fair to say that the conventional wisdom surrounding the administration’s decision to temporarily allow insurance companies to continue selling plans that do not meet the minimum standards established…
By Jeremy Kreisberg In November of 2013, CMS became concerned that hospitals and other providers might help their patients purchase insurance by contributing to their premium payments or cost-sharing obligations. The motivation for providers was…
By Jeremy Kreisberg I have previously blogged about an important case — Halbig v. Sebelius — before the U.S. District Court for the District of Columbia (DDC). The case concerned whether the Affordable Care Act…
By Jeremy Kreisberg More than one year has passed since the Supreme Court decided NFIB v. Sebelius, the major case concerning the constitutionality of the individual mandate and Medicaid expansion. As you might remember, the Supreme…
By Jeremy Kreisberg A little over two weeks ago, the Supreme Court heard oral argument in a rather obscure ERISA case—Heimsehoff v. Hartford Life & Accident Ins. Co. The case asks a rather basic question…
By Jeremy Kreisberg My quarrel today is not with news outlets’ use of the term “Obamacare” as a replacement for the “Affordable Care Act” (or the still wordier “Patient Protection and Affordable Care Act”). Granted,…
By Jeremy Kreisberg The Congressional Budget Office (CBO) recently released an assessment of two illustrative versions of premium support for Medicare. The report is interesting for many reasons, but I want to focus on one…
By Jeremy Kreisberg It is clear that EMTALA aims to prevent hospitals from dumping patients that require emergency care until these patients are stabilized. But whether EMTALA also prevents hospitals from hoarding emergency patients to…
