Affordable Care Act's Medicaid expansion still vulnerable to court challenges, experts say

Share this article:

Legal experts say the Affordable Care Act's maintenance-of-effort (MOE) requirement — which prohibits states from tightening Medicaid eligibility — remains vulnerable to legal challenges.

The MOE provision of the Affordable Care Act prevents cash-strapped states from cutting Medicaid coverage — by way of limiting eligibility standards and methodologies — prior to the law's 2014 expansion. Under the law, the government can withhold federal matching funds from states that don't comply with the MOE provisions.

Conservative opponents of the law say they could use the same legal arguments to fight MOE standards that they successfully deployed in their Supreme Court argument against the law, the Bureau of National Affairs reports. The Supreme Court ultimately ruled that states do not have to expand their Medicaid programs.

“The amount of money HHS [Department of Health and Human Services] is threatening to withhold if the states don't maintain the effort is the same amount HHS threatened to withhold if states did not expand their Medicaid programs,” Michael Cannon, director of health policy studies at the Cato Institute, a libertarian public policy research group, told BNA.

Share this article:
close

Next Article in News

More in News

'Minor' issues at the nursing home can cause disastrous care transitions, expert warns

'Minor' issues at the nursing home can cause ...

What may appear to be minor administrative problems in a nursing home - a fax machine locked away at night or no one designated to copy paperwork - can cause ...

Long-term care facilities approach 80% worker flu vaccination rate after handing power ...

Fourteen long-term care facilities in Pennsylvania dramatically increased their staff flu vaccination rate by having a regional pharmacy take over the process, according to a report issued Thursday by the Agency for Healthcare Quality and Research (AHQR).

RACs were 'most improved' healthcare auditors for getting back money in 2013, ...

Medicare Recovery Audit Contractors dramatically stepped up their overpayment recoveries last year, returning nearly $487 million more to the government than they did in 2012, according to a new report from a federal watchdog agency.