A Reconfigured U.S. Supreme Court: Implications for the ACA and Other Health Policy Issues

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A Reconfigured U.S. Supreme Court Would Have Implications for the Fate of the Affordable Care Act and Other Health Policy Issues The nomination of Judge Amy Coney Barrett to the Supreme Court, if confirmed by the Senate, is expected to establish a solid 6:3 conservative majority which has implications for health policy issues, including the fate of the Affordable Care Act (ACA). A new KFF issue brief considers the potential implications for health cases already on the Court’s docket for the coming term and those that the Court may choose to consider in this term or in the near future. The Court is scheduled to hear arguments in the ACA case on Nov. 10, with significant implications for health coverage, health insurance markets and protections for people with pre-existing conditions that could affect virtually every American. In the coming months, the justices also will decide whether to revisit the precedent set in the landmark 1973 abortion case Roe v. Wade; resolve legal challenges over Trump Administration Title X Federal Family Planning regulations that prohibit federal funding for clinics that offer or refer for abortion; and hear cases about whether Medicaid enrollees can sue to enforce the free choice of provider provision in federal law and whether the Department of Health and Human Services can allow states to require that people meet work requirements to be eligible for Medicaid. Other cases that could reach the Supreme Court involve federal payment of ACA cost-sharing reductions to Marketplace insurers; Trump Administration regulations implementing the ACA’s hospital price transparency requirement in a way that would require hospitals to disclose their negotiated prices with insurers; and challenges to the Trump Administration’s rollback of regulations implementing ACA Section 1557, which bans discrimination in health programs and activities that receive federal funding. The Court also could take up cases challenging the administration’s changes to “public charge” regulations that prevent individuals from obtaining a green card or entering the U.S. if they are determined likely to use certain public programs, including Medicaid. The full brief, A Reconfigured U.S. Supreme Court: Implications for Health Policy, is available on kff.org. Filling the need for trusted information on national health issues, KFF (Kaiser Family Foundation) is a nonprofit organization based in San Francisco, California.
Contact: Chris Lee | (202) 654-1403 | clee@kff.org
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