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
Boston University School of Law
Laura D. Hermer
Hamline University - School of Law
University of Kentucky College of Law
Elizabeth Weeks Leonard
University of Georgia School of Law
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
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
Date posted: May 30, 2012
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