The Supreme Court decision on the constitutionality of the Affordable Care Act is finally in. Before it was announced, most people seemed to think that the individual mandate would be overturned. It did not play out that way. The individual mandate was upheld – not under the Commerce Clause of the Constitution, but as a tax. Justice Roberts proved to be the swing vote. Also left intact are the expansions of Medicaid eligibility and, as a result, the entire law, with all of its consumer protections. However, there is a major caveat here. States can opt out of the expansion of the Medicaid program without jeopardizing the rest of its Medicaid funding. In other words, the Court is allowing a state to refuse to expand Medicaid eligibility to 133% of poverty and to refuse to cover all of the ACA-mandated basic benefits in its program. If it does, it will only have to give up the new federal money that pays for these benefits. The consequen...
An occasional column focusing on federal, state, and local health policy