Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

mahatmakanejeeves

(57,393 posts)
Mon Jun 24, 2019, 10:29 AM Jun 2019

Supreme Court to consider whether federal government owes billions to health-care providers

This discussion thread was locked as off-topic by Yonnie3 (a host of the Latest Breaking News forum).

Source: Washington Post

Courts & Law
Supreme Court to consider whether federal government owes billions to health-care providers

By Robert Barnes, Reporter covering the U.S. Supreme Court
June 24 at 9:50 AM

The Supreme Court will review another controversy involving the Affordable Care Act, the justices announced Monday, this one involving health-care providers who say the federal government owes them billions of dollars.

The program, creating what is known as “risk corridors,” was one of three strategies built into the 2010 health-care law to try to deter insurers participating in the new marketplaces from mainly seeking customers who are healthy and thus use little medical care. ... But insurers say the government never fully funded the program, and owe them $12 billion. ... “That $12 billion error alone cries out for this court’s review,” said a brief filed by Moda Health Plan and Blue Cross and Blue Shield of North Carolina.

“But the consequences of the divided decision extend much further. By giving judicial approval to the government’s egregious disregard for its unambiguous statutory and contractual commitments, the decision provides a roadmap for the government to promise boldly, renege obscurely, and avoid both financial and political accountability for depriving private parties of billions in reliance interests.”

The risk corridors program was designed for the health exchanges’ initial years. It was supposed to help insurers with costs that are substantially greater than they expected. Originally, the program was not required to pay for itself, but, in a 2015 funding bill, congressional Republicans prohibited the Health and Human Services department from using any of its other resources for the program.

Robert Barnes has been a Washington Post reporter and editor since 1987. He joined The Post to cover Maryland politics, and he has served in various editing positions, including metropolitan editor and national political editor. He has covered the Supreme Court since November 2006. Follow https://twitter.com/scotusreporter

Read more: https://www.washingtonpost.com/politics/courts_law/supreme-court-to-consider-whether-federal-government-owes-billions-to-health-care-providers/2019/06/24/420c209e-9685-11e9-916d-9c61607d8190_story.html



That's the entire article right now.

-- -- -- --

Supreme Court to consider whether federal government owes billions to health-care providers


10 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Supreme Court to consider whether federal government owes billions to health-care providers (Original Post) mahatmakanejeeves Jun 2019 OP
5-4 no since it was a President Obama plan. Sad! machoneman Jun 2019 #1
'The Supreme Court will review another controversy involving the Affordable Care Act, elleng Jun 2019 #5
So Congress passes a law, and the funding from the government mountain grammy Jun 2019 #2
No, the funding wasn't. Igel Jun 2019 #8
Thank you for explaining that.. mountain grammy Jun 2019 #9
If I remember correctly, Mr.Bill Jun 2019 #3
Yepper spot on............................. turbinetree Jun 2019 #6
I Have To Admit RobinA Jun 2019 #4
Kick Yo_Mama_Been_Loggin Jun 2019 #7
Locking after a review by hosts Yonnie3 Jun 2019 #10

machoneman

(4,006 posts)
1. 5-4 no since it was a President Obama plan. Sad!
Mon Jun 24, 2019, 10:35 AM
Jun 2019

elleng

(130,864 posts)
5. 'The Supreme Court will review another controversy involving the Affordable Care Act,
Mon Jun 24, 2019, 12:35 PM
Jun 2019

the justices announced Monday, this one involving health-care providers who say the federal government owes them billions of dollars.'

mountain grammy

(26,618 posts)
2. So Congress passes a law, and the funding from the government
Mon Jun 24, 2019, 10:53 AM
Jun 2019

is part of the law.. contractually garanteed. Then Congress then reneges on their obligation, and the SC does what? We are a failed country..

Igel

(35,296 posts)
8. No, the funding wasn't.
Mon Jun 24, 2019, 05:37 PM
Jun 2019

The funding was assumed.

It wasn't included in the original law because political PTBs decreed that the ACA/HCRA would be revenue neutral given a pre-set baseline among. This would have blown a hole in the budget. Therefore, they put every funding source they could in the legislation and left out things that would have rendered the promise moot. (Things like savings from student loans--money was saved by moving student loans in-house to be a fully federal operation; however, no money was saved by the program, the savings were rolled into funding for the ACA.)

However, the Congress has routinely specified funding levels and then failed to meet them. I don't think that the special ed mandate, which was supposed to come with federal money to fund it, was ever fully funded. It's assumed states will fully implement the legislation, but to do so requires using a lot of local/state money. Courts have declared Congress sovereign when it comes to funding; a Congress cannot be bound by a previous Congress. I assume that's the way this suit will go, if precedent carries the day.

mountain grammy

(26,618 posts)
9. Thank you for explaining that..
Mon Jun 24, 2019, 05:42 PM
Jun 2019

I need to understand that better and not sure I ever will.

Mr.Bill

(24,280 posts)
3. If I remember correctly,
Mon Jun 24, 2019, 11:45 AM
Jun 2019

this was Marco Rubio's little trick to sabotage the ACA.

turbinetree

(24,695 posts)
6. Yepper spot on.............................
Mon Jun 24, 2019, 02:18 PM
Jun 2019

this should be laid at the feet of Rubio.........................

https://www.nytimes.com/2015/12/10/us/politics/marco-rubio-obamacare-affordable-care-act.html

RobinA

(9,888 posts)
4. I Have To Admit
Mon Jun 24, 2019, 12:03 PM
Jun 2019

I don't completely understand this, but it looks like the government promised insurers money to not game the system, didn't pay the money due to an act of Congress, and now insurers everywhere are failing due not getting an influx of our tax dollars...oh wait, they aren't failing. Guess what insurers, government says a lot of things. While I think government should do what it says it's going to do, I have a hard time getting upset because companies didn't get this windfall. It's not like they earned it in the course of business.

Yo_Mama_Been_Loggin

(107,900 posts)
7. Kick
Mon Jun 24, 2019, 03:19 PM
Jun 2019

Yonnie3

(17,430 posts)
10. Locking after a review by hosts
Tue Jun 25, 2019, 09:37 AM
Jun 2019

The actual hearing before the Supremes will be the LBN, not an announcement that they will hear the case.

Latest Discussions»Latest Breaking News»Supreme Court to consider...