The Department of Justice (DOJ), under a new administration, on Wednesday dropped its previous position that the now-defunct tax provision in the Affordable Care Act (ACA) cannot be severed from the rest of the law, thus making the entire health law unconstitutional.
The Department of Justice (DOJ), under a new administration, on Wednesday dropped its previously held position that the now-defunct tax provision in the Affordable Care Act (ACA) cannot be severed from the rest of the law, thus making the entire health law unconstitutional.
The Biden administration formally notified the Supreme Court of the change in a letter, writing, “the United States no longer adheres to the conclusions in the previously filed brief of the federal respondents.”
Biden, who recently issued an executive order reopening the exchanges created by the ACA from February 15 to May 15 to help those who lost their insurance due to the pandemic, campaigned on the idea of strengthening the ACA rather than repealing it, as the Trump administration long tried to do.
Under the previous administration, the DOJ refused to defend the constitutionality of the landmark 2010 health law, also known as Obamacare. Republican-governed states, led by Texas, sued to overturn the ACA; the Supreme Court is expected to issue a ruling by the end of June.
The court in November 2020 held oral arguments in the case.
The letter sent to the court Wednesday says, "It is also now the position of the United States that, if this Court nevertheless concludes that Section 5000A(a) is unconstitutional, that provision is severable from the remainder of the ACA."
That section of the ACA was rendered moot by the 2017 tax reform law passed by Congress, eliminating the tax penalty for not having health insurance. The Republican-led lawsuit claimed that without the monetary penalty—which was reduced to $0—the entire ACA was invalid, as the provision could not be severed.
The Supreme Court seems likely to reject a challenge to the abortion pill mifepristone; the FDA is inspecting far fewer pharmaceutical companies conducting clinical research; AstraZeneca has sued to block an Arkansas law that it said would unlawfully expand the 340B program to include for profit-pharmacy chains.
Read More
Exploring Medicare Advantage Prior Authorization Variations
March 26th 2024On this episode of Managed Care Cast, we're talking with the authors of a study published in the March 2024 issue of The American Journal of Managed Care® about their findings on variations in prior authorization use across Medicare Advantage plans.
Listen
Mirvetuximab Soravtansine-gynx Granted Full FDA Approval for FRα+ Platinum-Resistant Ovarian Cancer
March 22nd 2024Mirvetuximab soravtansine-gynx (Elahere) received full FDA approval for the treatment of folate receptor alpha–positive (FRα+), platinum-resistant ovarian cancer (PROC) based on findings from the confirmatory phase 3 MIRASOL trial.
Read More
Navigating Health Literacy, Social Determinants, and Discrimination in National Health Plans
February 13th 2024On this episode of Managed Care Cast, we're talking with the authors of a study published in the February 2024 issue of The American Journal of Managed Care® about their findings on how health plans can screen for health literacy, social determinants of health, and perceived health care discrimination.
Listen
The White House has called out the Republican Study Committee’s budget proposal for backing legislation that would put restrictions on abortion access; nearly 108,000 Americans died of drug overdoses in 2022; surgeons in Boston have transplanted a kidney from a genetically engineered pig into an ailing 62-year-old man.
Read More
A global AIDS program that was in limbo for months got temporary relief after congressional negotiators agreed to a 1-year renewal in the next government funding package; the outcome of the November presidential election could determine the state of fetal tissue research in the US; federal officials and industry executives failed to make improvements that stop hacking attacks.
Read More