Learn more about Timothy Jost

Timothy Stoltzfus Jost, J.D., holds the Robert L. Willett Family Professorship of Law at the Washington and Lee University School of Law. Jost is a member of the Institute of Medicine. 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. 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

Implementing Health Reform: IRS Requests Comments On Cadillac Tax

One of the last remaining features of the ACA that has yet to be implemented is the so-called “Cadillac tax,” which takes effect in 2018. On July 30, 2015, the IRS released a Revenue Notice, requesting comments on various issues that must be resolved prior to implementation.

Implementing Health Reform: GAO And ASPE Reports Reveal IRS-Marketplace Coordination Difficulties, Impact Of Competition On Premiums

The GAO report is both one of the clearest and most succinct descriptions of how coordination is supposed to work between the IRS and the ACA marketplaces. The ASPE report shows increased competition reducing premiums for qualified health plan-eligible individuals.

Implementing Health Reform: State Innovation Waivers; Vermont’s Abortion Coverage Conundrum (Updated)

Congress adopted a national program for reforming insurance markets and for encouraging enrollment. But Congress also recognized that states might have innovative reform ideas and thus provided that states could strike out on their own by proposing reforms equally as effective as those in the ACA.

Implementing Health Reform: Recent Reports Present Conflicting Pictures Of ACA Implementation (Updated)

Recent GAO testimony before the Senate Finance Committee presents a dismal picture of bungling by the federally facilitated marketplaces in the handling of fictitious applications, while the National Taxpayer Advocate’s mid-year report commends the IRS and contains data from 2014 tax filings...

Implementing Health Reform: The Final Preventive Services Regulations (Tenth Circuit Decision & Immigrants Fast Facts Updates)

On July 10, 2015, the Departments of Labor, Treasury, and Health and Human Services published final rules providing for accommodations for religious organizations and closely held for-profit corporations that object to covering contraceptives. Also, CMS has recently published a useful resource...

Implementing Health Reform: New CMS Guidance And First-Year Results (Northern Arapaho Tribe v. Burwell Update)

CMS recently announced the results from the SHOP exchange, reinsurance, and risk adjustment programs. Judge Scott Skavdahl of the United States District Court for the District of Wyoming also dismissed a lawsuit brought by the Northern Arapaho Tribe in which the Tribe claimed that it was exempt...

Implementing Health Reform: Contraceptive Coverage Religious Accommodations, House v. Burwell, And More

The Supreme Court’s decision in King v. Burwell that the federally facilitated exchanges can grant premium tax credits was clearly the big Affordable Care Act implementation news for the end of June, if not for the year. But it was not the only ACA-related news.

Implementing Health Reform: The Supreme Court Upholds Tax Credits In The Federal Exchange

The Supreme Court has spoken, and the Affordable Care Act has survived another near-death experience. Writing for six justices, Chief Justice Roberts upheld the IRS rule that allows low- and moderate-income Americans access to tax credits through the federally facilitated marketplace.

Implementing Health Reform: ACA Litigation Beyond King v. Burwell

All eyes are focused on the Supreme Court; its decision in King v. Burwell is expected to be issued on Thursday June 25, Friday June 26, or Monday June 29. In the meantime, however, a number of other cases challenging the ACA or its implementation are pending at various stages in the federal courts.

June 23, 2015Following the ACA

Implementing Health Reform: The Congressional Budget Office On Repealing The ACA

In 2012 the Congressional Budget Office estimated that repealing the Affordable Care Act would add $109 billion to the deficit over 10 years. In 2015, it estimated that the net addition to the deficit would be $137 billion over 10 years. How the CBO got to that number, however, was quite different.