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

Medicaid Managed Care Final Rule: Examining The Alignment With Qualified Health Plan Requirements (Updated)

In the final Medicaid Managed Care (MMC) rule, CMS indicated a desire to align MMC requirements with those governing qualified health plans in the marketplaces. However, the regulations for the two programs vary in some cases, recognizing their differences.

Compromise Prospects Recede In Contraceptive Mandate High Court Litigation (Update)

Reply briefs filed April 20 in Zubik v. Burwell, the Supreme Court contraceptive mandate case, suggest that the parties remain far apart. Meanwhile, the federal government released FAQs on issues that have arisen under the ACA and the Mental Health Parity and Women’s Health and Cancer Rights Act.

April 21, 2016Following the ACA

New Guidance On SHOP Online Enrollment Requirements

CMS recently released a guidance encouraging direct enrollment states to offer employees horizontal and vertical choice and also to continue allowing employers to apply for small business health care tax credits through the state-based SHOP. States must make online enrollment available for 2019.

Zubik v. Burwell Briefs Explore Potential Compromise (Update)

A first round of the requested briefs for the case were filed by both the petitioners and the government on April 12. In other ACA news, the IRS has updated several indices used for calculating eligibility for Affordable Care Act benefits or exemptions from ACA penalties for 2017.

HHS Analyzes 2016 Marketplace Premiums As 2017 Proposals Come In

Insurers began filing their 2017 QHP proposals with the federally facilitated marketplace on April 11, 2016, however some insurers are likely to propose significant rate increases for 2017. An Issue Brief released on April 12, 2016 by ASPE, however, seeks to put proposed premium increases in...

CMS Releases Final Summary Of Benefits And Coverage Template, Accompanying Materials (Update)

On April 6, 2016, CMS posted the final 2017 summary of benefits and coverage (SBC) template, group and individual market SBC instructions and uniform glossary of health coverage and medical terms. They also released a final coverage example calculator and calculator instructions.

CMS Issues Guidance On Language Accessibility Requirements (Updated)

The guidance imposes no new regulatory requirements but rather compiles in one place guidance on all language access requirements that have appeared in earlier rules. What is new is a state-by-state list of the top 15 non-English languages in each state and of languages spoken by 10 percent of...

First Medical Loss Ratio Audits Suggest Need For Clearer Standards (Update)

CMS recently posted the results of the first audits it has conducted of insurers under the Affordable Care Act’s medical loss ratio (MLR) program. The audits covered four insurance companies for the 2013 reporting year, which included 2011, 2012, and 2013 data.

CMS White Paper Examines The ACA Risk Adjustment Methodology (Update)

On March 31, 2016, the Centers for Medicare and Medicaid Services will hold a public meeting to discuss potential changes to its Affordable Care Act risk adjustment program. On March 24, CMS published a White Paper describing its current risk adjustment program and options for modifying it.

In Annual Baseline Budget Projections, CBO Decreases Marketplace Enrollment Estimates (Update)

In its March 2016 baseline budget projections, the Congressional Budget Office reduced its enrollment projections for the ACA marketplaces. The CBO’s projected costs of the ACA’s coverage provisions was up a bit but still substantially below original projections.