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KFF paper reviews Supreme Court decision

Posted on July 23, 2012 | No Comments

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Key Developments
Implementation Briefs
Editor's Comment

On June 28, 2012, the United States Supreme Court issued its opinion about regarding the constitutionality of the Affordable Care Act (ACA). In a case known as National Federation of Independent Business v. Sebelius, the Court agreed to consider the constitutionality of two major provisions of the ACA: the individual mandate and the Medicaid expansion. A majority of the Court upheld the individual mandate. And, while the Court found the Medicaid expansion unconstitutionally coercive of states, because states did not have adequate notice to voluntarily consent and the Secretary could potentially withhold all of a state’s existing federal Medicaid funds for non-compliance, a majority of the Court found that this issue was appropriately remedied by circumscribing the Secretary’s enforcement authority, thus leaving the Medicaid expansion intact in the ACA. A policy brief recently released by the Kaiser Family Foundation describes the Court’s decision and looks ahead to the implementation of health reform now that the constitutionality of the ACA has been resolved.

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