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

A Look At Republican Intentions? Diving Into The Leaked ACA Replacement Bill

Yesterday a draft House reconciliation bill leaked. Although I have not seen claims disputing its authenticity, there may be more recent drafts. But as it is consistent with statements from Republican leadership and the best information available, this post offers a summary of its major provisions.

February 25, 2017Following the ACA

Administration Allows States To Extend Transitional Policies Again

States can again extend the life of “grandmothered” or transitional health insurance policies to policy years beginning on or before October 1, 2018, as long as they do not extend beyond December 31, 2018. These plans will continue to be exempt from most of the ACA’s insurance reform provisions.

Withdrawal Of Guidance On Bathroom Access Raises Questions For Gender Identity Protections Under ACA

The Trump administration has withdrawn the Obama administration’s guidance mandating access to school bathrooms and locker rooms based on gender identity. This calls into question the new administration’s position on Obama-era ACA section 1557 rules prohibiting gender identity discrimination.

February 23, 2017Health Equity

Parties Ask Court To Keep Cost-Sharing Reduction Payment Litigation On Hold (Updated)

The administration has apparently reimbursed the insurers for February and will likely keep paying them until the matter is resolved.

February 21, 2017Following the ACA

New Deadlines Give Insurers More Time To Decide On 2018 Marketplace Participation

On February 17, the Department released drafts of a proposed bulletin announcing new rate filing deadlines; a revised list of key dates for 2017; and an addendum to its 2018 letter to issuers in the federally facilitated marketplace released last December incorporating the new certification dates.

ACA Round-Up: House Replacement Principles, New Bills, And Coverage Rate Updates

Recent health reform developments include a House Republican Leadership policy brief outlining its favored approach to replacing the Affordable Care Act; new legislation regarding pre-existing conditions, health savings accounts, and association health plans; and new coverage estimates.

Unpacking The Trump Administration’s Market Stabilization Proposed Rule

On February 15, HHS released its first notice of proposed rulemaking of the Tom Price era, intended to shore up the individual health insurance markets. What’s in the proposed rule, what might its effects be, and what else must be done to stabilize the markets?

Insurers Seeking Risk Corridor Payments Get First Courtroom Win; IRS Updates Q&As

On February 9, Moda Health Plans won the first litigation victory for a health plan on the question of liability in a risk corridor challenge. This post covers that case and also briefly discusses updates to IRS questions and answers on premium tax credits and the individual mandate.

ACA Round-Up: Market Stabilization, Fixed-Indemnity Plans, Cost-Sharing Reductions, And Penalty Updates

The administration sent to the Office of Management and Budget a proposed “market stabilization” rule, while the IRS addressed the tax treatment of benefits paid by fixed-indemnity health plans.

Uncertainty, Headwinds Hurt Final Marketplace Enrollment Total

On February 3, CMS released its final snapshot of plan selections for the fourth Healthcare.gov open enrollment period, which ended on January 31, 2017. As of that date, 9,201,805 individuals had selected plans through Healthcare.gov in the 39 states it serves, down more than 400,000 from last year.