This seminar will consider the package of reforms known as “the Affordable Care Act,” first exploring the goals of the Act and then addressing the extent to which implementation and legal challenges have slowed or permanently limited the Act’s success in meeting those goals.
Likely units and topics include:
- Overview of our fragmented healthcare system
- The ACA’s three-pronged reform plan
- Insure the uninsured—the employer mandate, individual mandate, and Medicaid Expansion
- Make insurance better—essential benefits requirements, medical loss ratios, external review, cost sharing, co-ops, and other market reforms
- Make medicine better—pay-for-performance, fraud control, and primary care
- Implementation challenges
- Website rollout and exchange enrollment
- Employer mandate
- Failed co-ops
- Legal challenges
- Individual mandate (NFIB v. Sebelius)
- Medicaid expansion (NFIB v. Sebelius)
- Contraception mandate (Hobby Lobby Stores v. Sebelius)
- Subsidy challenges (Halbig v. Sebelius)
- Current developments
- The future of the ACA
No prior knowledge of health law is assumed. Readings will include cases, scholarly articles, and other materials. Grading will be based on class participation and written work. Students can choose to write either multiple reading responses or a final paper.
No prerequisites. Open to law students and other interested graduate students.