ACA: A Brief Overview of the Law, Implementation, and Legal Challenges

CRS – ACA: A Brief Overview of the Law, Implementation, and Legal Challenges, July 3, 2012

  • “On June 28, 2012, the Supreme Court issued its decision in National Federation of Independent Business v. Sebelius, finding that the individual mandate is a constitutional exercise of Congress’s authority to levy taxes. However, the Court held that it was not a valid exercise of Congress’s power under the Commerce Clause or the Necessary and Proper Clause. With regard to the Medicaid expansion provision, the Court further held that the federal government cannot terminate current Medicaid program federal matching funds if a state refuses to expand its Medicaid program. If a state accepts the new ACA Medicaid expansion funds, it must abide by the new expansion coverage rules, but, based on the Court’s opinion, it appears that a state can refuse to participate in the expansion without losing any of its current federal Medicaid matching funds. All other provisions of ACA, as amended by HCERA, remain intact. This report provides a brief summary of major ACA provisions, implementation and oversight activities, and current legal challenges.”
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    Posted in: Congress, Courts, Legal Research, Legislation
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