1 / 13

Legal Challenges of ACA: Lessons for Health Reform Sustainability

Explore the legal dimensions of the Affordable Care Act (ACA), examining challenges and lessons learned to ensure sustained health care reform. Learn about the policy, political, and public health aspects, including Medicaid expansion and individual mandate issues.

daisy
Download Presentation

Legal Challenges of ACA: Lessons for Health Reform Sustainability

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The Patient Protection and Affordability Act (ACA): Legal Challenges and Lessons Learned To Sustain Health Care Reform Mary P. Kivlighan, J.D., M.A.P.A.

  2. Overarching goal • Provide access to health care for all; and • Eliminate health disparities

  3. In sum… • The ACA closes a gap in access to quality health care using powers granted to the Congress through the U.S. Constitution to regulate the health care markets. • Legally, this creates tension between State’s rights and the federal government.

  4. Four dimensions of the ACA • Policy • Political • Legal • Public Health* *Lawrence Gostin, 2012

  5. The Public Health Dimension • Organizational reforms • Funding • Insurance • Infrastructure

  6. The Legal Dimension • Anti Injunction Act • Individual Mandate • Severability • Medicaid Expansion

  7. Anti Injunction Act • What is this? • How does this implicate the Affordable Care Act?

  8. The Individual Mandate • Commerce clause • Necessary and Proper clause • Tax and spending powers

  9. Severability of the Individual Mandate Guarantee-issues, community rating and individual mandate The issues: 1. Have these provisions been legitimately enacted? 2. Are these closely allied?

  10. Medicaid expansion provision Argument before the court • Is the voluntary nature genuine or is it coercive? • Does coercion matter?

  11. Lessons Learned Sustain the support and imagination of stakeholders through: Extension Academic partners Grassroots coalitions Evidence based policy

  12. Design infrastructure that engages these stakeholders Stakeholder commissions and council: • Health Benefit Exchanges • Health Information Exchanges • Accountable Care Organization (ACO)

  13. The Public Health Dimension • Organizational reforms • Funding • Insurance • Infrastructure

More Related