Abstract

http://ssrn.com/abstract=2007630
 


 



Brief of Health Care For All, Inc., Health Law Advocates, Inc., The Massachusetts Hospital Association, Inc., The Massachusetts League of Community Health Centers, Inc., Greater Boston Interfaith Organization, Inc., and Community Catalyst, Inc. as Amici Curiae in Support of Petitioners Urging Reversal on the Minimum Coverage Provision Issue, Department of Health and Human Services, et al. v. State of Florida, et al., No. 11-398 (filed Jan. 13, 2012)


Wendy E. Parmet


Northeastern University - School of Law

Lorianne Sainsbury-Wong


Health Law Advocates

Kevin Outterson


Boston University School of Law

January 13, 2012

Northeastern University School of Law Research Paper No. 87-2012
Boston Univ. School of Law, Public Law Research Paper 12-08

Abstract:     
This amicus brief was filed before the Supreme Court in the Affordable Care Act (ACA) litigation on behalf of Health Care for All and other Massachusetts organizations that have been involved in the implementation of Massachusetts’ health 2006 health reform legislation. The brief argues that Massachusetts’ health reform law, upon which the ACA is modeled, has been very effective in expanding insurance coverage within the State, but it required substantial federal support, through a Medicaid waiver, to achieve its success. In addition the Commonwealth’s experience illustrates that the health insurance and health care markets are inherently interstate commerce and that decisions by out-of-state residents to forgo insurance, the very decisions subject to the ACA’s minimum coverage provision, have limited the State’s ability to improve its health care system through the elimination of uncompensated care. The brief reviews the impact of the health care services provided to out-of-state tourists, commuters, and residents on the State’s health care system, and argues that similar or greater externalities would face any state seeking to reform its own health care system. Only the federal government has the power to address these externalities.

Number of Pages in PDF File: 48

working papers series


Download This Paper

Date posted: February 22, 2012 ; Last revised: March 22, 2012

Suggested Citation

Parmet, Wendy E. and Sainsbury-Wong, Lorianne and Outterson, Kevin, Brief of Health Care For All, Inc., Health Law Advocates, Inc., The Massachusetts Hospital Association, Inc., The Massachusetts League of Community Health Centers, Inc., Greater Boston Interfaith Organization, Inc., and Community Catalyst, Inc. as Amici Curiae in Support of Petitioners Urging Reversal on the Minimum Coverage Provision Issue, Department of Health and Human Services, et al. v. State of Florida, et al., No. 11-398 (filed Jan. 13, 2012) (January 13, 2012). Northeastern University School of Law Research Paper No. 87-2012; Boston Univ. School of Law, Public Law Research Paper 12-08. Available at SSRN: http://ssrn.com/abstract=2007630 or http://dx.doi.org/10.2139/ssrn.2007630

Contact Information

Wendy E. Parmet (Contact Author)
Northeastern University - School of Law ( email )
400 Huntington Ave.
Boston, MA 02115
United States
(617) 373-2019 (Phone)
(617) 373-5056 (Fax)
Lorianne Sainsbury-Wong
Health Law Advocates ( email )
30 Winter Street, Suite 1004
Boston, MA 02108
United States
Kevin Outterson
Boston University School of Law ( email )
765 Commonwealth Avenue
Boston, MA 02215
United States
Feedback to SSRN


Paper statistics
Abstract Views: 690
Downloads: 50

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.235 seconds