The Future of Health Care Reform Remains in Federal Court

Forthcoming in THE FUTURE OF HEALTH CARE REFORM IN THE UNITED STATES (M. Schill & A. Malani eds., University of Chicago Press)

Prepared for the Conference on the Future of Health Care Reform in the U.S., University of Chicago Law School, October 12, 2012

Case Legal Studies Research Paper No. 2013-6

41 Pages Posted: 16 Feb 2013 Last revised: 10 Jul 2014

Jonathan H. Adler

Case Western Reserve University School of Law; PERC - Property and Environment Research Center

Date Written: March 2014

Abstract

National Federation of Independent Business v. Sebelius did not mark the end of litigation challenging the Patient Protection and Affordable Care Act (PPACA) against constitutional attack. To the contrary, PPACA litigation continues apace and could well increase in the years to come as federal agencies seek to implement the health care reform law. This essay provides a brief overview of how continuing litigation in federal court will affect the implementation – and perhaps even the ultimate viability – of Congress’s latest and most ambitious health care reform effort. Topics discussed include legal challenges to the availability of tax credits in federally run health insurance exchanges and a requirement that group health plans cover contraception, and prospective challenges to the Independent Payment Advisory Board and revisions to the individual mandate penalty.

Keywords: Affordable Care Act, health care reform, NFIB v. Sebelius, Obamacare, PPACA, insurance exchanges

JEL Classification: K32, K23

Suggested Citation

Adler, Jonathan H., The Future of Health Care Reform Remains in Federal Court (March 2014). Forthcoming in THE FUTURE OF HEALTH CARE REFORM IN THE UNITED STATES (M. Schill & A. Malani eds., University of Chicago Press); Prepared for the Conference on the Future of Health Care Reform in the U.S., University of Chicago Law School, October 12, 2012; Case Legal Studies Research Paper No. 2013-6. Available at SSRN: https://ssrn.com/abstract=2218591 or http://dx.doi.org/10.2139/ssrn.2218591

Jonathan H. Adler (Contact Author)

Case Western Reserve University School of Law ( email )

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216-368-2535 (Phone)
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HOME PAGE: http://www.jhadler.net

PERC - Property and Environment Research Center

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