Timothy Stoltzfus Jost, J.D., is an Emeritus Professor at the Washington and Lee University School of Law. Jost is a member of the Institute of Medicine and a consumer liaison representative to the National Association of Insurance Commissioner. He is coauthor of a casebook, Health Law, used widely throughout the United States in teaching health law, and of a treatise and hornbook by the same name. He is also the author of Health Care at Risk: A Critique of the Consumer-Driven Movement; Health Care Coverage Determinations: An International Comparative Study; Disentitlement? The Threats Facing our Public Health Care Programs and a Rights-Based Response, and Readings in Comparative Health Law and Bioethics.


Jost is a contributing editor at Health Affairs and a frequent contributor to Health Affairs Blog. He has also written numerous articles and book chapters on health care regulation and comparative health law, including monographs on legal issues in health care reform for Georgetown’s O’Neill Center, the Fresh Thinking Project, the National Academy of Social Insurance and National Academy of Public Administration, and the New America Foundation and Urban Institute.


Recent Posts by Timothy Jost

ACA Round-Up: Hospital Nonprofit Status, ACA Nondiscrimination Litigation, And More

A round-up of ACA-related developments, including hospital compliance with requirements for nonprofit status, litigation over protections against gender identity and pregnancy termination discrimination, a decision to continue CSR payments next month, developments on “bare” counties, and more.

Terminating CSR Payments Would Increase Deficits, CBO Finds

On August 15, CBO and JCT released an analysis of the potential effects of terminating the ACA’s cost-sharing reduction (CSR) payments to insurers. The CBO affirms what earlier analyses have concluded: in the long run the primary loser if CSR payments are terminated would be the federal budget.

New Guidance On CSR Payments And Risk Adjustment: Answers … And More Questions

The ongoing saga of the cost-sharing reductions just got stranger. On August 10, 2017, the Centers for Medicare and Medicaid Services released at their REGTAP.info website a guidance on risk adjustment methodology and rate filing deadlines.

Uncertainty On CSR Payments, Mandate Still Weighs On Insurer Exchange Participation And Premiums

As we approach the deadline for insurer decisions regarding the exchanges and then the beginning of open enrollment, uncertainty surrounding administration intentions on cost-sharing reduction payments and individual mandate enforcement continue to take a toll.

Insurers Score Another Risk Corridor Win; New Guidance On Consumer Assister Training

On August 4, 2017, judgment was awarded for another insurer in a risk corridor case in the Court of Federal Claims, this time for Molina. And CMS issued new guidance for the training of navigators and CACs.

Appellate Ruling Deals Setback To Opponents Of Contraceptive Coverage Mandate

A new appellate ruling holds that an employer that objects on moral, not religious, grounds to contraceptive coverage must still provide such coverage, and individuals who object to contraceptives on religious grounds need not be allowed to purchase insurance that does not cover them.

What Could Happen If The Administration Stops Cost-Sharing Reduction Payments To Insurers?

The decision allowing 17 state attorneys general to join the House v. Price cost-sharing reduction litigation complicates the President’s ability to stop the CSR payments, but rumors that he will do so continue. This post focuses on issues that will arise if the administration defunds the CSRs.

The Latest Motion In House v. Price Has A Significant Impact On The Future Of CSR Payments

The court's decision means that the Trump administration cannot unilaterally stop the CSR payments, dismiss the appeal, and claim judicial imprimatur for its doing so.

ACA Round-Up: A Double-Threat Presidential Tweet, Cassidy-Graham-Heller, Bipartisan Market Stabilization Ideas, And Good News From Ohio

Although the high drama of the Senate debate on repeal of the Affordable Care Act seems to be over for the time being, health care reform remains in the headlines.

The Senate’s Health Care Freedom Act

Senators Collins, McCain, and Murkowski joined all 48 Democrats in voting against the bill. Senator McConnell then stated that it would be returned to the calendar, meaning it can be brought back, but consideration then ends for now.

July 27, 2017Following the ACA