aamc contacts: lori k. mihalich-levin, j.d. director, aamc health care affairs telephone:...
TRANSCRIPT
AAMC Contacts:
Lori K. Mihalich-Levin, J.D.Director, AAMC Health Care AffairsTelephone: 202-828-0599E-mail: [email protected]
Scott WetzelProgram Specialist, Health Care AffairsTelephone: 202-828-0495E-mail: [email protected]
The Supreme Court’s Decision on the Affordable Care ActJuly 6, 2012
• Chief Justice John Roberts wrote the 5-4 majority decision (joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan) upholding the ACA, with changes to the Medicaid expansion. The Court’s opinion can be found here: http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf
• Justices Scalia, Kennedy, Thomas, and Alito wrote a joint dissenting opinion arguing that the entire ACA was unconstitutional
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The Court’s Decision
The individual mandate is Constitutional:• Permissible use of Congress’s taxing power• Not permissible under the Commerce Clause
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Key Ruling: Individual Mandate
States will not lose current Medicaid funding should they chose not to expand their Medicaid programs
• ACA said that if states did not expand coverage to individuals under the age of 65 with incomes below 133% of the federal poverty level, they would lose all Federal funding for their Medicaid programs
• The Federal Government initially pays full cost of expansion; offers substantial subsidies for states to expand coverage to Medicaid eligible individuals
• It is unclear at this time which states will choose to expand their Medicaid programs
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Key Ruling: Medicaid Expansion
• Under the Anti-Injunction Act, the Supreme Court is prohibited from considering the implementation of a Federal tax before the tax is enforced. Under the ACA, the tax penalties for not purchasing individual health insurance will go into effect in 2014
• The Court ruled that since Congress did not use the word “tax” in the statute, the Anti-Injunction Act does not apply
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Anti-Injunction Act
• With the exception of the Medicaid expansion, all other provisions of the ACA remain in place
• This includes: VBP, PCORI, CMMI, demonstrations, resident slot redistribution, DSH cuts, changes to physician and hospital quality reporting, etc
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Important Takeaways from the ACA Ruling
• Congressional Republicans have pledged to repeal all or parts of the ACA. Repeal is unlikely as long as Democrats control the Senate and the White House
• Some states may choose not to expand their Medicaid programs
• The AAMC is working with its member institutions to better understand the implications of the Court’s ruling on Medicaid and how it relates to other ACA provisions
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Next Steps