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The Future of Healthcare Reform In the United States$
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Anup Malani and Michael H. Schill

Print publication date: 2015

Print ISBN-13: 9780226254951

Published to Chicago Scholarship Online: May 2016

DOI: 10.7208/chicago/9780226255002.001.0001

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PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 26 October 2021

The Future of Healthcare Reform Remains in Federal Court

The Future of Healthcare Reform Remains in Federal Court

(p.50) Chapter Three The Future of Healthcare Reform Remains in Federal Court
The Future of Healthcare Reform In the United States

Jonathan H. Adler

University of Chicago Press

This chapter outlines how litigation in federal court will affect the implementation and viability of the Affordable Care Act (PPACA). The ACA's statutory language and administrative fixes complicate the implementation of health insurance exchanges. The requirement that group insurance plans include coverage for contraception also spurs litigation. Challenges to ACA provisions to control health care costs may create another battle over health care reform as the Independent Payment Advisory Board's unique structure and authority raise constitutional questions that may need to be resolved by federal courts. Finally, the Supreme Court's upholding of the imposition of a tax penalty on individuals who fail to obtain qualifying health insurance coverage under the individual mandate may have constrained the federal government's ability to use this penalty as a means of combating adverse selection in health insurance markets and exposed future reforms to the threat of further legal challenge.

Keywords:   health care reform, Affordable Care Act, minimum essential coverage, individual mandate, Independent Payment Advisory Board, IPAB, ObamaCare, insurance exchanges, cost-sharing subsidies, contraception mandate

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