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

Breier named new CEO at Kindred

Breier named new CEO at Kindred

Kindred Healthcare announced Thursday that it has chosen a new top executive to lead its push toward creating a mammoth national brand. Benjamin A. Breier, the company's current president and ...

Proposed managed care rule could accelerate shift away from nursing home care, official suggests

Proposed managed care rule could accelerate shift away ...

Proposed regulations slated for early 2015 likely will affect how Medicaid managed care balances home- versus facility-based long-term care, news sources reported Wednesday.

Assisted living residents say 'homelike' setting not so important

Contrary to conventional wisdom, assisted living residents might not place a high value on how "homelike" their surroundings are, suggest findings out of St. Catherine University in St. Paul, MN.