States are not allowed to experiment with their Medicaid programs without
receiving waivers from the federal government, but the feds have been slow to
issue decisions. "As we approach the beginning of legislative sessions in many
states," Crippen says, "governors are faced with making tough decisions
without adequate information about programs and their funding."
Oregon is a case in point. Democratic Governor John Kitzhaber has had
what he calls promising talks with the U.S. Department of Health and Human
Services about a groundbreaking new health program the state is banking on to
cut Medicaid spending this year.
By setting up so-called "coordinated care organizations" as the front
door for patients, the state aims to abandon the impersonal and fragmented way
most people receive health services today. In addition to improving health,
the new system is expected to cut costs. But Kitzhaber worries that if federal
approval doesn't come early this year, those savings may not materialize.
Provider fees
Issues before the Supreme Court
Starting March 26, the U.S. Supreme Court will devote five-and-a-half
hours to hearing oral arguments in a case against the Affordable Care Act
brought by 26 states and the National Federation of Independent Businesses. A
decision is expected in late June. A range of outcomes are possible, each with
a different potential impact on states. The entire law could be overturned or
upheld --- or something in between. It's also possible that the Justices could
decide to put the case off for a few more years.
Here are the four key issues before the court.
'Anti-injunction Act'
Under the Affordable Care Act, anyone who does not sign up for a health
insurance policy would be penalized under the federal tax code. As a result,
some argue the 1867 "Anti-Injunction Act" applies. According to the law, the
courts are barred from striking down any tax law until someone has actually
had to pay the tax. If the high court agrees that the law applies in this
case, a final decision on the substance of the case would likely be postponed
until 2015.
The 'individual mandate'
At the heart of the health law is a requirement that nearly everyone have
health insurance. Opponents say Congress exceeded its power under the
Constitution by requiring people to purchase something they don't want to buy.
The Obama administration argues that anyone who decides not to purchase
insurance puts everyone else at risk of having to pay for their care.
Severability
If the court overturns the individual mandate, the next question is
whether other parts of the Affordable Care Act can remain standing --- in
other words, whether the mandate is "severable" from the rest of the law.
Opponents of the law argue that a ruling against the individual mandate would
make key parts of the rest of the law unenforceable. For example, they argue
that insurance companies could not be required to cover sick people if healthy
people are not required to pay into the risk pool. But the Obama
administration counters that the rest of the law stands on its own with or
without the individual mandate.
Medicaid expansion
Some states have argued that the federal law's required expansion of
Medicaid to some 17 million more people violates the balance of authority and
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Medicaid: A Year of Excruciating Decisions
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