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

Unpacking The Senate’s Take On ACA Repeal And Replace

On June 22, 2017, Senate Majority Leader Mitch McConnell (R-KY) released the Senate GOP’s version of Affordable Care Act repeal, the Better Care Reconciliation Act of 2017. The Senate bill is in many respects quite different from the House’s American Health Care Act.

ACA Round-Up: Mental Health And Substance Use Parity, Premium Tax Credits, And A New Marketplace Reinsurance Proposal

Continuing to implement mental health/substance use parity, three departments proposed a form for information on non-quantitative treatment limitations. The House passed three bills about premium tax credits. And Democratic senators proposed a reinsurance program to stabilize the individual market.

On AHCA, CMS Actuary Finds Smaller Coverage Losses, Smaller Spending Reductions Than CBO

The June 13 CMS Actuary’s Report on the AHCA addresses different questions than the CBO reports on the legislation. Where it measures more or less the same thing it offers different numbers. This post examines that report and notes other developments related to the health reform discussion.

CMS Releases Data On Effectuated Enrollments, Plan Cancellations

On June 12, the Centers for Medicare and Medicaid Services released effectuated enrollment data for the 2017 open enrollment period. CMS also released a Health Insurance Exchanges Trends Report, summarizing information it has collected from a voluntary exit report in force since August of 2016.

Iowa Submits 1332 Waiver Request, Claiming It Is Necessary To Avoid An Individual Insurance Market Collapse

On June 12, Iowa submitted a 1332 waiver request that would dramatically change the nature of its marketplace, claiming that this was needed to save a collapsing individual insurance market. To grant the request, CMS would have to waive many of 1332’s normal statutory and regulatory requirements.

HHS Requests Feedback On ACA Regulations; Evidence On Effect Of CSR Payment Uncertainty Continues To Mount (Updated)

On June 8, CMS posted an RFI titled “Reducing Regulatory Burdens Imposed by [the ACA] & Improving Healthcare Choices to Empower Patients.” Meanwhile, stakeholders cite uncertainty over cost-sharing reduction factors as the biggest factor destabilizing the individual insurance market.

June 9, 2017Following the ACA

CMS Outlines Pre-Enrollment SEP Verification Process, Reaches Out To Those In Both Medicare And Marketplaces

CMS has released a slide deck describing how they will implement pre-enrollment verification of special enrollment period eligibility. CMS is also sending out Medicare periodic data matching notices to consumers enrolled in both Medicare and a marketplace plan, but the notices may be misleading.

Supreme Court Endorses Broad Government View Of ERISA ‘Church Plan’ Definition

On June 5, the Supreme Court in Advocate Health Care Network v. Stapleton unanimously accepted the federal government’s interpretation of ERISA’s definition of “church plan.” In another case, the Trump Justice Department reiterated arguments made by its Obama-era predecessors to defend an ACA tax.

June 6, 2017Following the ACA

On Objections To Contraceptive Coverage, Trump Administration Appears Set To Reverse Obama Approach

On May 30, a draft of an interim final rule on conscience-based objections to contraceptives coverage under the preventive services requirement of the ACA was leaked to the media. The rule as leaked would depart dramatically from the Obama administration’s position on the contraceptives issue.

ACA Round-Up: Litigation Over Cost-Sharing Reductions And Reinsurance Fees, Tax Filings, And More

In its short response to the states’ motion, the federal government simply asked that the case remain in abeyance and that the court not address the motion to intervene while negotiations continued with the House.