Amicus Curiae Brief in Health and Human Services v. Florida (Affordable Care Act Litigation) on Behalf of Tax Law Professors in Support of Vacatur

2012 ◽  
Author(s):  
Jordan M. Barry ◽  
Bryan T. Camp

HPHR Journal ◽  
2014 ◽  
Vol 2014 (1) ◽  
Author(s):  
Benjamin D. Sommers ◽  

The first open enrollment period under the Affordable Care Act has come and gone. One might be tempted to ask, “How has the law done so far?” — if only that question hadn’t already been asked ad nauseum since the first week of open enrollment in October 2013. As a researcher whose primary interests are insurance coverage and access to care (and as an advisor in the U.S. Department of Health and Human Services), I have frequently been asked this question – by students, by friends and family, and by reporters. Consider this my response.





2012 ◽  
Vol 38 (2-3) ◽  
pp. 445-470 ◽  
Author(s):  
B. Jessie Hill

When the government decides to assume a major role in providing and paying for healthcare, the government also has to decide exactly what constitutes appropriate, reasonable, or essential healthcare under its program. Congress, of course, recognized this necessity when it passed the Patient Protection and Affordable Care Act (ACA), and the statute itself provides authority to the Secretary of Health and Human Services (HHS) to determine the “essential health benefits” that must be covered under the ACA beginning in 2014, both by insurers offering plans within governmentally sponsored exchanges and on the individual and smallemployer markets outside the exchanges. In a decision that was hailed as both “politically astute” and problematic for the goals that the ACA itself was supposed to accomplish, HHS shunted off the task of defining the term “essential health benefits” to the individual states.



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