Blogs

HHS Issues Interim Final Exchange Rules Con’t. – States to Retain Primary Regulatory Authority to Oversee Brokers and Navigators

To conclude our examination of the new exchange rule recently issued by the Department of Health and Human Services (HHS), this blog summarizes the rule’s treatment of states as the primary regulatory authority for both Brokers and navigators.  In two previous blogs analyzing the rule’s requirements, we wrote about the new opportunities available to Brokers under the rule, and the rule’s acknowledgment of the important role Brokers can assume in the establishment of new Exchanges.
 
States Continue to Oversee Brokers

The new rule reaffirms HHS’s...

Author: Michael Gomes

HHS Issues Interim Final Exchange Rules Con’t. New Regulations Anticipate Working with Broker Websites

This posting is the second in a series that more fully explores the new rule issued by the U.S. Department of Health and Human Services (HHS) concerning organization and operation of state health benefit Exchanges.  The rule expands on the provisions of Section 1312(e) of the Patient Protection and Affordable Care Act (PPACA), which addresses consumer choice in selecting a qualified health plan, and...

Author: Michael Gomes

HHS Issues Interim Final Exchange Rules Acknowledges Important Role of Brokers

The Department of Health and Human Services (HHS) recently issued a final rule providing states with considerable flexibility in the organization and operation of state-based health exchanges pursuant to the Patient Protection and Affordable Care...

Author: Michael Gomes

Webinar Addresses Role of Brokers in State Health Benefit Exchanges

What role should brokers play in state health benefit Exchanges? This was one of several intriguing questions raised by the executive directors of state health benefit Exchanges for California, Colorado and Alabama during a recent webinar.  Under the Patient Protection and Affordable Care Act (PPACA), states are required to establish their own public health Exchanges to offer consumers cost-effective insurance options.

More than 1,100 registrants from Governor’s offices, state insurance departments, Medicaid agencies, and...

Author: Michael Gomes

Waiting for the U.S. Supreme Court Decision: An Overview of Potential PPACA Outcomes

Last month, the United States’ highest court heard oral arguments on what has become the most controversial piece of legislation in recent history, the Patient Protection and Affordable Care Act (PPACA). Many of us wait eagerly for a final decision, which is expected to be published in June. Some key background information is listed below to help put things in perspective.

The Justices

The U.S. Supreme Court consists of one Chief Justice and eight additional Justices, appointed by various presidents, who are tasked with interpreting the Constitution and other legal issues. The Justices enjoy life tenure, a tactic purposefully employed by the founding fathers to ensure the Court could maintain impartiality against their counterparts in the legislative and executive branches, and further serve as a meaningful checkpoint in the democratic system. Stephen B. Presser, a professor at Northwestern University School of Law, explains, “Since 1788, in the famous defense of the Constitution set forth by Alexander Hamilton in the Federalist Papers, it has been understood that it is the task of the Supreme Court to rein in majoritarian legislatures when they go beyond what the Constitution permits.” 

Author: Michael Gomes

U.S. Supreme Court Wraps-Up Oral Arguments on PPACA’s Constitutionality by Questioning the Act’s Medicaid Expansion Provision: Justices Now Must Meet in Chambers to Resolve Legal Issues

On Wednesday afternoon, the U.S. Supreme Court concluded the final session of oral arguments concerning the Patient Protection and Affordable Care Act (PPACA)’s legality by focusing on the Act’s Medicaid expansion provision and whether it unduly coerces state governments. The Supreme Court has previously held that Congress can place conditions on state receipt of funds, but the condition cannot be “so coercive as to pass the point at which the pressure turns into compulsion.”

Author: Michael Gomes

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