Washington and Lee law professor Timothy Jost has published an article in the New England Journal of Medicine titled, Subsidies and the Survival of the ACA — Divided Decisions on Premium Tax Credits. The article was online published on July 30, 2014.
In rapid succession on July 22, two federal courts of appeal reached opposite conclusions on the single most important outstanding legal issue affecting the Affordable Care Act (ACA): whether the federally facilitated insurance exchanges that serve two thirds of the states can grant premium tax credits to individuals purchasing health insurance plans.
Professor Jost frequently publishes in the New England Journal of Medicine. Additional articles may be found here.
Washington & Lee law professor Timothy Jost published a new article in the New England Journal of Medicine titled “Obama’s ACA Delays – Breaking the Law or Making it work?” (with S. Lazarus). The article, published on April 2, 2014, discusses the legality of the Obama administration’s Affordable Care Act implementation delays.
Professor Jost also recently presented on the topic of health policy and the Affordable Care Act at the University of Pennsylvania, Harvard Medical School, Yale University, the National Conference of Insurance Legislators and The National Association of Insurance Commissioners.
Read Professor Jost’s contributions to Health Affairs Blog for his current analysis of implementing health reform.
Washington & Lee law professor Timothy Jost has published an article in the New England Journal of Medicine. Professor Jost’s article Beyond Repeal – A Republican Proposal for Health Care Reform was published online February 12, 2014.
By voting repeatedly to repeal the Affordable Care Act (ACA) over the past 4 years, Republicans have risked being identified as a party without a positive health policy agenda. On January 27, 2014, however, three Republican senators — Orrin Hatch (UT), Tom Coburn (OK), and Richard Burr (NC) — unveiled a proposal that would not only repeal the ACA, but also replace it with comprehensive legislation based on Republican health policy principles.1 Although the proposal recycles long-standing Republican prescriptions, it also offers new ideas.
Read more of Professor Jost’s work here.
Washington and Lee law professor Tim Jost has published a new article at Health Affairs, the leading journal of health policy thought and research. Prof. Jost has published a number of articles at Health Affairs dealing with the debate and implementation of the Affordable Care Act. He is also active on the Health Affairs blog, where his posts have been included among the top-read pieces each year.
His new article is titled “Implementing Health Reform: Four Years Later.” Prof. Jost, a supporter of health care reform, begins the article by acknowledging the troubling launch of the health care reform and asks “How did things go so wrong? Why is there so much bad news? When can we expect the news to get better?”
Going forward, one of the most important challenges facing the ACA will be whether its benefits become apparent quickly and dramatically enough to offset the problems that are currently dominating the news coverage of the health reform law. Even more important may be the question of how much it will matter that the greatest beneficiaries of the ACA are likely to be low-income Americans, who are less likely to be politically active than many of the higher-income Americans who will be adversely affected by higher insurance premiums and taxes.
Washington and Lee law professor Tim Jost has a new article out on health care reform, cross published by the New England Journal of Medicine and the Harvard Business Review. The article, titled “Regulating Private Health Insurance to Promote High-Value Health Care,” looks at how Title 1 of the Affordable Care Act impacts previous efforts to encourage the creation of high-value health care. In conclusion, Prof. Josts writes:
In adopting the ACA, Congress embraced an ambitious agenda of regulation and public reporting to encourage private insurers to improve the value of health care. Congress tried to encourage insurers to pursue activities that some were already pursuing and to emulate value-purchasing initiatives in the Medicare and Medicaid program. HHS [Health and Human Services] seems, however, to have made private insurance value purchasing a low priority. It is likely to be several years before we learn whether the ACA provisions that address private insurers will in fact improve the value of health care.
The article is available for download from the NEJM website.
Here is the beginning of a post by W&L Law Professor Tim Jost at the Health Affairs Blog regarding the Obama Administration’s recent announcement of a delay in implementation of the Affordable Care Act’s employer mandate:
Late in the day on July 2, 2013, Mark Mazur, Assistant Secretary for Tax Policy at the Department of the Treasury, announced in a memorandum ironically entitled “Continuing to Implement the ACA in a Careful, Thoughtful Manner” that implementation of the Affordable Care Act’s employer mandate would not be implemented on time, but rather delayed until 2015. Valerie Jarrett released a similar statement from the White House.
The Administration has been under tremendous pressure from the business community to delay implementation of ACA provisions affecting employers; it had already delayed the implementation of statutory provisions prohibiting insured employers from discriminating in favor of highly-compensated employees and requiring large employers to automatically enroll new full-time employees in a health insurance plan, subject to the employee opting out. The Administration has now accommodated business one more time.
The reason given for the delay this time was difficulty in implementing ACA provisions requiring insurers and self-insured health plans to report information regarding individuals whom they cover and requiring large employers to report coverage offered to their full-time employees. The administration asserts that an additional year will give employers and insurers the time they need to adapt to the reporting requirements and give the Departments time to simplify the reporting requirement.
Without reporting, however, enforcing the employer mandate will be impractical, so it is put off for a year. The Administration promises guidance within the next week on how this will work and proposed rules this summer to implement the reporting requirement.
You can read the rest of the post by visiting the Health Affairs Blog.
W&L Law Professor Timothy Jost has published the Seventh Edition of Health Law: Cases, Materials, and Problems with the West Publishing Company. The Health Law casebook has been widely used throughout the United States for teaching health law since the first edition was published in 1987, and is credited as having defined the modern health law discipline. The book, which is over 1800 pages long, is also being published in an abridged (900 page) edition and as three separate “spin-off” books covering bioethics, health care organization and financing, and liability and quality. All books will be available this summer for classes in the fall. Professor Jost wrote chapters dealing with health care cost and access issues, private health insurance regulation, the Affordable Care Act, ERISA, Medicare, Medicaid, and the Children’s Health Insurance Program. These chapters have been extensively rewritten since the sixth edition because of changes made by the Affordable Care Act.