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
On January 17, the Congressional Budget Office—Congress’ nonpartisan scorekeeper—released a report on how reconciliation legislation to repeal the Affordable Care Act, similar to that adopted by Congress in 2015 (and vetoed by President Obama), would affect health insurance coverage and premiums.
On January 12, 2017, the D.C. Circuit denied two recipients of cost-sharing reduction payments the right to intervene in House v. Burwell, a challenge to reimbursement of insurers for those payments. The litigation is now in the hands of the Trump administration and the House.
Vice-President-elect Pence stated, “We’re working now on a series of executive orders” to unwind the ACA in an orderly fashion “even as Congress appropriately debates alternatives to and replacements for ObamaCare.” What can the executive do to unwind a law without congressional action?
Over 11.5 million individuals either selected ACA Marketplace plans or were auto-reenrolled through December 24, 2016. The budget reconciliation process to replace Obamacare is underway, although President-elect Trump said today that repeal and replace would take place “essentially simultaneously.”
One issue the outgoing Obama administration needed to wrap up was its response to the Supreme Court in the Zubik litigation. On January 9, the administration announced that it was not modifying its current accommodation for employers that object to contraceptive coverage on religious grounds.
On January 4, 2017, the House Republican Study Committee, a caucus of conservative Republican House members, introduced the American Health Care Reform Act, their replacement proposal.
This is one of more than a dozen cases that have been brought by insurers in the Court of Claims challenging the failure of the government to pay marketplace insurers amounts that they claim were due to them under the ACA’s risk corridor program.
ACA Pregnancy Termination, Gender Identity Protections Blocked; Wellness Program Incentives Survive (Updated)
A judge has preliminarily enjoined protections regarding pregnancy termination and gender identity in an ACA nondiscrimination rule. Another judge refused to block regulations allowing employers to offer incentives for employees to disclose medical information in connection with wellness programs.