Affordable Care Act Litigation: The Standing Paradox

The Affordable Care Act, remedy, and litigation reform.

The Patient Protection and Affordable Care Act of 2010 (ACA) rewrote the law of private health insurance. How the ACA rewrote the law of civil remedies, however, is a question largely unexamined by scholars. Courts everywhere, including the U.S. Supreme Court, will soon confront this important issue. This Article offers a foundational treatment of the ACA on remedy. It predicts a series of flas...

Affordable Care Act litigation: the Supreme Court and the future of health care reform.

From the Affordable Care Act to Affordable Care.

Continuing the Push for Cost Reductions The single most important issue in health care is eliminating unnecessary medical spending. Health costs have traditionally increased at 1% to 2% annually above the growth of the economy. Long-term financial security requires the growth in cost to slow to economic growth or less. With about one-third of medical spending estimated to be wasted, achieving l...

The Future of the Affordable Care Act.

Legislation from 2015 that sought to repeal core provisions of the ACA but was not ultimately enacted is a starting point for considering the future of the ACA. The legislation would have repealed multiple parts of the statute, including the individual mandate, the premium tax credit, the Medicaid expansion, the employer mandate, and various taxes enacted under the ACA. The 2015 legislation did...

Interrelation of Preventive Care Benefits and Shared Costs under the Affordable Care Act (ACA)

With the implementation of the Affordable Care Act (ACA), access to insurance and coverage of preventive care services has been expanded. By removing the barrier of shared costs for preventive care, it is expected that an increase in utilization of preventive care services will reduce the cost of chronic diseases. Early detection and treatment is anticipated to be less costly than treatment at ...