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http://ssrn.com/abstract=2070631
 
 

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Brief of Amici Curiae Health Law & Policy Scholars and Prescriptions Policy Choices in Support of Respondents on the Constitutional Validity of the Medicaid Expansion in State of Florida v. Department of Health and Human Services


Kevin Outterson


Boston University School of Law

Laura D. Hermer


Hamline University - School of Law

Nicole Huberfeld


University of Kentucky College of Law

Elizabeth Weeks Leonard


University of Georgia School of Law

Sara Rosenbaum


George Washington University - Department of Health Policy

Sidney D. Watson


affiliation not provided to SSRN

May 22, 2012

Boston Univ. School of Law, Public Law Research Paper No. 12-27
Boston Univ. School of Law, Law and Economics Research Paper No. 12-27

Abstract:     
The Medicaid expansion in Section 2001(a)(1)(C) of the Patient Protection and Affordable Care Act is one part of Congress’s comprehensive effort to expand access to health care coverage. This expansion is not revolutionary, but builds on many prior statutory amendments to Medicaid. Nor does it alter the voluntary nature of the Medicaid program – as before, States remain free to decline federal funding. The Petitioners and their amici have mischaracterized the expansion to obscure these facts, hoping this Court will unravel this hard-fought legislative enactment.

The question presented is whether Congress may offer States generous additional funding for Medicaid, with spending conditions that entirely satisfy the four-part test in South Dakota v. Dole, 483 U.S. 203 (1987).

Number of Pages in PDF File: 61

Keywords: Medicaid, Section 2001(a)(1)(C) of the Patient Protection and Affordable Care Act, The Patient Protection and Affordable Care Act, health care coverage, South Dakota v. Dole (483 U.S. 203 (1987))

JEL Classification: H51, K32

working papers series





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Date posted: May 30, 2012  

Suggested Citation

Outterson, Kevin and Hermer, Laura D. and Huberfeld, Nicole and Leonard, Elizabeth Weeks and Rosenbaum, Sara and Watson, Sidney D., Brief of Amici Curiae Health Law & Policy Scholars and Prescriptions Policy Choices in Support of Respondents on the Constitutional Validity of the Medicaid Expansion in State of Florida v. Department of Health and Human Services (May 22, 2012). Boston Univ. School of Law, Public Law Research Paper No. 12-27; Boston Univ. School of Law, Law and Economics Research Paper No. 12-27. Available at SSRN: http://ssrn.com/abstract=2070631 or http://dx.doi.org/10.2139/ssrn.2070631

Contact Information

Kevin Outterson (Contact Author)
Boston University School of Law ( email )
765 Commonwealth Avenue
Boston, MA 02215
United States
Laura D. Hermer
Hamline University - School of Law ( email )
1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
Nicole Huberfeld
University of Kentucky College of Law ( email )
258 Law Building
Lexington, KY 40506-0048
United States
859-257-3281 (Phone)
Elizabeth Weeks Leonard
University of Georgia School of Law ( email )
Athens, GA 30602
United States

Sara Rosenbaum
George Washington University - Department of Health Policy ( email )
School of Public Health and Health Services
2021 K Street, NW, Suite 800
Washington, DC 20006
United States
Sidney D. Watson
affiliation not provided to SSRN
Feedback to SSRN


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