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Legal News
28 Dec 2015
by Justin Cosgrove

District Judge Edward Chen [official profile] for the Northern District of California [official website] last Monday ruled [opinion, PDF] that California's policy for reimbursing out-of-state hospitals that care for California Medicaid (Medi-Cal) patients is unconstitutional. Hospitals in Oregon, Nevada, and Arizona sued the California Department of Health Care Services [official … [read more]


Academic Commentary
7 Dec 2015
by Robert I. Field of Drexel University Kline School of Law
edited by Cassandra Baubie

JURIST Guest Columnist Robert Field of the Drexel University Kline School of Law discusses the controversy surrounding the latest challenges to the Affordable Care Act ...The barrage of lawsuits challenging the Affordable Care Act (ACA) shows no signs of abating, even in the wake of two major US Supreme … [read more]


Academic Commentary
1 Nov 2015
by Sallie Thieme Sanford of University of Washington
edited by Marisa Rodrigues

JURIST Guest Columnist Sallie Thieme Sanford of University of Washington School of Law discusses the birth and growth of Medicare and Medicaid. She argues that in this, their 50th year, health care's fraternal twins are coming more to resemble each other, with Medicaid adopting some of the characteristics of its … [read more]


Legal News
9 Oct 2015
by Alexandra Farone

[JURIST] US President Barack Obama [official profile] signed [press release] the Protecting Affordable Coverage for Employees Act (HR 1624) [text] into law on Wednesday. This law will amend the Affordable Care Act (ACA) [text] by changing businesses with 51-100 employees to a "large employer" designation instead of the current "small … [read more]


Legal News
19 Jul 2015
by Dominic Yobbi

[JURIST] Over a dozen states that have decided to expand Medicaid [official website] under the Affordable Care Act (ACA) [official website] have seen enrollment numbers surge over recent months, raising concerns over state budgets as federal aid is set to reduce in two years. Lawmakers have warned that the price … [read more]


Legal News
20 Jun 2015
by Ashley Hogan

[JURIST] New records released [press release] by the Center for Public Integrity (CPI) [official website] Wednesday revealed a confidential legal battle over Medicare over-billing that spanned three years between government officials and UnitedHealth Group [official website]. The dispute centered on a 2012 audit obtained through the Freedom of Information Act … [read more]


Legal News
29 May 2015
by Sarah Boehme

The New York Assembly [official website] voted 89-47 on Wednesday in favor of legislation [A05062 materials] establishing publicly funded universal health coverage in which all New York residents may enroll. Supporters of the legislation said that the coverage would be extended to the uninsured [AP report] and costs would be … [read more]


Legal News
31 Mar 2015
by Jacqueline Jones

[JURIST] The US Supreme Court [official website] on Monday declined [order list, PDF] to hear a challenge to the Independent Payment Advisory Board (IPAB) provision of the Patient Protection and Affordable Care Act (ACA) [text]. The order lets stand a decision [text] by the US Court of Appeals for the … [read more]


Academic Commentary
14 Mar 2015
by Timothy Jost of Washington & Lee University School of Law
edited by Marisa Rodrigues

JURIST Guest Columnist Timothy Jost of Washington and Lee University School of Law discusses how interpreting the ACA in King v. Burwell affect Medicaid and CHIP recipients ... An important issue flagged in the March 4 Supreme Court oral argument in King v. Burwell has until now been largely ignored. … [read more]


Academic Commentary
24 Jul 2014
by Victor Sanchez Williams of Catholic University of America Columbus School of Law
edited by Maria Coladonato

JURIST Guest Columnist Victor Sanchez Williams of the Catholic University of America Columbus School of Law discusses the constitutionality of the debt limit statute and why it needs to be eliminated ... Partisan conflict has brought our nation to the brink of catastrophic debt default three times since 2011. Markets … [read more]


Legal News
31 May 2014
by G. Redd

[JURIST] The Departmental Appeals Board of Health and Human Services (DAB) [official website] on Friday revoked a National Coverage Determination (NCD) [December HHS Summary] barring Medicare payment for gender reassignment surgeries. The revoked NCD was issued in 1981 [HHS index] and refused to pay [advocacy backgrounder] for surgery as a … [read more]


Student Commentary
19 Apr 2014
by Leigh Argentieri Coogan of University of Pittsburgh School of Law
edited by Endia Vereen

JURIST Senior Editor Leigh Argentieri Coogan, University of Pittsburgh School of Law, Class of 2014, discusses the Patient Protection and Affordable Care Act and Governor Corbett's implementation of Healthy PA ...After the US Supreme Court ruled the Patient Protection and Affordable Care Act's (ACA) (PDF) requirement for all states to … [read more]


Academic Commentary
17 Nov 2013

JURIST Guest Columnist Neil H. Buchanan, of The George Washington University School of Law, says that Congressional failure to properly address the debt ceiling puts the Executive in an impossible situation with grave risks ...Last month, for the third time in a little more than two years, the US was … [read more]


Student Commentary
7 Nov 2013

JURIST Guest Columnist Srishti Miglani, St. Louis University School of Law Class of 2015, discusses the impact of Medicare Expansion...The uninsured cried and the states rejoiced as the "gun to the head" was removed by the US Supreme Court when it held that Congress could not penalize the states by … [read more]


Academic Commentary
22 Oct 2013

JURIST Guest Columnist Theodore Seto of the Loyola Law School of Los Angeles says the US Supreme Court's decision in US v. Windsor will not be its last concerning same-sex marriage, due to its repercussions on federal and state law interplay...In US v. Windsor, the US Supreme Court struck down … [read more]


Features
20 Jul 2013
by Andrew Morgan

On the day President Obama signed the legislation into law, several lawsuits were filed in federal courts nationwide challenging its constitutionality. These lawsuits raised many different arguments, but the central claims underlying all of the cases are enumerated below under Major Legal Arguments. Virginia was one of the first states … [read more]


Features
20 Jul 2013
by Zachariah Rivenbark

Government has regulated public access to contraceptives for centuries. During the nineteenth century, the distribution of contraceptives was regulated under the Comstock Act of 1873, which banned the sending of obscene and lewd material through the mail. In addition to pornography, these laws were extended to cover the transmission of … [read more]


Features
19 Jul 2013
by Zachariah Rivenbark

On September 21, 1996, President Bill Clinton signed DOMA into law. The act defines marriage as between one man and one woman for the purpose of excluding homosexual couples from the institution of marriage. DOMA also exempts state-recognized same-sex marriages from the Full Faith and Credit Clause of the US … [read more]


Legal News
21 Mar 2013
by Julia Zebley

[JURIST] The US Supreme Court [official website] ruled 6–3 Tuesday in Wos v. EMA [opinion, PDF], formerly Delia v. EMA [JURIST report], that the NC Gen. Stat. § 108A-57, which takes a third of medical malpractice settlements for Medicaid reimbursement, is preempted by the Medicaid Act's anti-lien provision, 42 USC … [read more]


Legal News
23 Jan 2013
by Julia Zebley

[JURIST] The US Supreme Court [official website] ruled unanimously [opinion, PDF] Tuesday in Sebelius v. Auburn Regional Medical Center [JURIST report] that 10-year-old final rulings for Medicare [official website; JURIST news archive] reimbursement cannot be appealed to the Department of Health and Human Services (HHS) [official website] beyond the deadlines … [read more]

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