State Net Capitol Journal: Ohio Governor Decries ‘War on the Poor’

Ohio Gov. John Kasich (R) has ended months of wrangling with his own party over his desire to expand Medicaid last month, opting to have the state's little-used Controlling Board approve his proposal to accept $2.55 billion of federal funding to pay for it. The move will allow approximately 300,000...

State Net Capitol Journal: Medicaid Outpaces Private Insurance in ACA’s Opening Weeks

In May the Congressional Budget Office projected that as a result of the Affordable Care Act, nine million more Americans would enroll in Medicaid in 2014 and seven million would sign up for private health coverage through new health-insurance exchanges. In the initial weeks of the health reform law's...

State Net Capitol Journal: Health Exchange Enrollments Lag In First Month

Only three states — Connecticut, Rhode Island and New York — reached their enrollment targets in the first month of open enrollment in the health insurance exchanges created under the Affordable Care Act. All three states, which run their own exchanges, actually exceeded their targets, with...

State Net Capitol Journal: Alaska Gov. Parnell Rejects Medicaid Expansion

Calling the ongoing rollout of the Affordable Care Act "a failed experiment," Alaska Gov. Sean Parnell (R) announced The Last Frontier State will not expand Medicaid eligibility in line with the law. "I believe a costly Medicaid expansion especially on top of the broken Obamacare system...

State Net Capitol Journal: States Laboratories Of Health Care Finance

Under a program created by the Affordable Care Act called the State Innovation Models Initiative, six states — Arkansas, Maine, Massachusetts, Minnesota, Oregon and Vermont — began testing new health care financing models this year. Colorado, New York, and Washington will be next up to try...

State Net Capitol Journal: States Offer A Tightly Stretched Lifeline For Obamacare

By Lou Cannon | Obamacare is clinging to existence. After the bungled rollout of the federal health care website and President Obama's contrite admission that he misled millions of Americans into believing they could keep their insurance policies, opponents of Obamacare now have hopes of undoing...

High Court Agrees To Hear 2 Challenges To Birth Control Mandate

WASHINGTON, D.C. —(Mealey’s) The U.S. Supreme Court on Nov. 26 announced that it granted certiorari in two cases challenging the birth control mandate contained in the Patient Protection and Affordable Care Act (PPACA). Both of the cases involve for-profit companies opposed to the mandate...

State Net Capitol Journal: The Obamacare Pitfall: Health Care Issues Dominate State Politics

By Lou Cannon Obamacare remains an untidy work in progress in the states, which are struggling with Medicaid expansion, website problems, and insurance issues in an election year in which health care policy issues are overshadowed by partisan politics. Tim Storey, a political analyst with the National...

State Net Capitol Journal: A Tale of 2 Obamacares

The starkly contrasting ways in which Democrat- and Republican-led states have generally responded to the Affordable Care Act is creating two separate health care systems, according to a report released last week by the Obama administration. Democrat-leaning Kentucky, which has warmly embraced the ACA...

Williams Mullen: Employer Healthcare Mandate Transition Relief Announced

By Brydon M. DeWitt This week, the Treasury Department announced transition rules that delay implementation of the Affordable Care Act (ACA) employer health insurance mandate for some employers and modify it for others. The ACA requires employers with at least 50 full-time employees to offer affordable...

Ballard Spahr LLP: ACA Employer Mandate Final Regulations Released; Enforcement Delays Provided for Mid-Sized Employers

By Brian M. Pinheiro, Jean C. Hemphill and Jonathan M. Calpas | Very large employers will be required to offer health care coverage to their full-time employees or pay a penalty to the federal government beginning January 1, 2015. Under the final regulations released by the U.S. Department of Treasury...

District Of Columbia Appeals Panel Affirms Dismissal Of ACA Suit

WASHINGTON, D.C. — (Mealey’s) Plaintiffs cannot squeeze the individual insurance mandate in the Patient Protection and Affordable Care Act (ACA) into an “arbitrary as-applied” exemption to Congress’ taxing power, a panel of the District of Columbia Circuit U.S. Court of...

High Court Hears Arguments In Birth Control Mandate Cases

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on March 25 heard arguments in two cases that will decide whether for-profit, secular businesses have to provide contraceptive services as part of their health insurance packages to employees even if they oppose such measures on religious...

Top Court Rejects Religious Groups’ Challenges In Birth Control Cases

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on March 31 denied petitions for certiorari from two nonprofit religious groups claiming that the contraceptive mandate contained in the Patient Protection and Affordable Care Act (ACA) violates the Religious Freedom Restoration Act (RFRA...

Oregon Officials Abandon State Insurance Exchange, Turn To Federal Exchange

DURHAM, Ore. — (Mealey’s) Oregon on April 25 dumped its failed Patient Protection and Affordable Care Act (ACA) state exchange at an agency board meeting, with the governing body unanimously adopting a technology workgroup suggestion that the federal exchange provided the most reliable and...

Court Hears Arguments In Origination-Clause Challenge To Individual Mandate Tax

WASHINGTON, D.C. — (Mealey’s) A District of Columbia Circuit U.S. Court of Appeals panel on May 8 heard arguments over whether the Patient Protection and Affordable Care Act (ACA)’s individual mandate tax constitutes a revenue measure and should properly have originated in the U.S....

Williams Mullen: New COBRA and CHIP Notices Highlight Affordable Care Act Marketplaces

B y Brydon M. DeWitt The Department of Labor recently issued updated model COBRA continuation coverage and Childrens’ Health Insurance Program (“CHIP”) notices. Plan administrators should begin using the new notices immediately. The revised model COBRA notices address the availability...

The Hobby Lobby Primer: How A Craft Store Changed The Legal Landscape

Now that the United States Supreme Court has issued its decision in Burwell v. Hobby Lobby Stores, Inc. , 2014 U.S. LEXIS 4505 (U.S. June 30, 2014) , many are left with questions on the breadth of the decision and what it means going forwards. Below is a brief primer . [lexis.com subscribers may access...

11th Circuit Cites Hobby Lobby, Enjoins Mandate During Appeal

MONTGOMERY, Ala. — (Mealey’s) A Catholic media outlet is entitled to an injunction while it appeals rejection of its Patient Protection and Affordable Care Act (ACA)’s contraceptive mandate challenge in light of Burwell v. Hobby Lobby (Nos. 13-354, 13-356, U.S. Sup. [lexis.com subscribers...

HHS Urges Top Court Not To Grant Emergency Injunction During ACA Appeal

WASHINGTON, D.C. — (Mealey’s) The Supreme Court should deny a nonprofit Christian liberal arts college’s request for an emergency injunction of the Patient Protection and Affordable Care Act (ACA) contraceptive mandate while it appeals an adverse ruling, the government said July 2 in...

Foley & Lardner LLP: It's Not a Federal Question: 7th Circuit Sends Case Involving Affordable Care Act Funds Back to State Court

What is or what is not a federal question under Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing , 545 U.S. 308 (2005) [ enhanced opinion available to lexis.com subscribers ], is an issue that continues to perplex lawyers, judges, and law students alike. In Hartland Lakeside...

4th Circuit Finds ACA Tax Credit Proper Under IRS Interpretation

RICHMOND, Va. — (Mealey’s) Patient Protection and Affordable Care Act (ACA) language governing whether individuals who enroll through the federal exchange are entitled to tax credits is ambiguous enough to defer to the Internal Revenue Service’s interpretation, a Fourth Circuit U.S...

D.C. Circuit Rejects ‘Origination Clause’ Attack On ACA Individual Mandate

WASHINGTON, D.C. — (Mealey’s) A plaintiff challenging the individual mandate of the Patient Protection and Affordable Care Act (ACA) cannot do so by arguing that the requirement is a revenue measure that should have originated in the U.S. House of Representatives, a unanimous federal appeals...

Ballard Spahr LLP: IRS Issues Draft ACA Reporting Forms

By Jonathan M. Calpas and Edward I. Leeds The Internal Revenue Service recently released draft versions of the forms that will be used to meet the shared responsibility reporting requirements under the Affordable Care Act (ACA). These draft forms have been released for comment and may not be used...

Judge Finds Indiana, School District Employers Allege Injury Under ACA

INDIANAPOLIS — (Mealey’s) A state and 39 school districts challenging the legality of payments imposed on large employers under the Internal Revenue Services’ implementation and interpretation of Patient Protection and Affordable Care Act (ACA) regulations allege an addressable injury...