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

61 Pages Posted: 30 May 2012  

Kevin Outterson

Boston University School of Law

Laura D. Hermer

Mitchell Hamline 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

Date Written: May 22, 2012

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).

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

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: https://ssrn.com/abstract=2070631 or http://dx.doi.org/10.2139/ssrn.2070631

Kevin Outterson (Contact Author)

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States

Laura D. Hermer

Mitchell Hamline School of Law ( email )

875 Summit Ave.
Saint Paul, MN 55105
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 )

225 Herty Drive
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

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