Wikispaces.com went dark at the end of September 2018, meaning that I’ve needed to copy materials from the premiumtaxcredits.wikispaces.com and the subsidieson1321cexchanges.wikispaces.com sites over to a new site, affordablecareactlitigation.com. The new site is based on WordPress. So far, it seems to work.
That said, while the wikispaces.com “export” program has courteously downloaded everything from that site, I haven’t uploaded everything to the new site’s WordPress server, and may not ever do that with respect to some closed ACA cases and some risk corridor cases that have been stayed pending a Supreme Court petition for certiorari. The files are safe on my computer.
On the pages, gray type means that the links are to files on the old server and so shouldn’t work.
Right now, things are organized in sub-pages, but it’s not particularly easy for a user to get from one sub-page to another. Here are some links that might help.
But first, here is a summary of Affordable Care Act litigation — a nine-year summary, building on a six-year summary done three years ago (the math works, right?).
The first sub-page deals with “A Global Challenge”: Texas v. U.S., No. 4:18-cv-167 (N.D. Tex.), and the declaratory judgment suit, State of Maryland v. U.S., No. 1:18-cv-2849 (D. Md.).
Another sub-page, “Whittling away,” presents cases challenging Administration proposals about association health plans, the 2019 regulations, and short-term and limited duration policies.
Then there are sub-pages about enforcing the ACA directly or via section 1557:
(Note: there have been a lot of filings in the Condry case that I haven’t yet downloaded from the N.D. Cal. site or uploaded.)
About wellness programs:
About the challenges to the religious and moral objections rules:
And about miscellaneous pending ACA/health cases:
And recent litigation about Title X restrictions:
(Note: there have been a lot of filings in the Title X cases that I haven’t yet downloaded or put up on the site.)
And recent litigation about the conscience protection regulations:
Then there are sub-pages about payments to insurers, specifically, CSRs (the cases in the Court of Federal Claims and now the Federal Circuit; House v. Burwell; California v. Trump; the New York/Minnesota BHP case; and other materials):
And risk corridors and risk adjustments:
https://affordablecareactlitigation.com/risk-corridors-and-risk-adjustment/ [up on the WordPress server are files for the Moda, BC BS NC, Land of Lincoln, and Maine CHO cases, the four cases that have gone beyond the Court of Federal Claims to the Federal Circuit and now to the Supreme Court, as well as the file for the Health Republic class action; and the Minuteman Health, New Mexico Health Connections, and UnitedHealth v. Vullo risk adjustment cases; but nothing much else, and considering that 50 or so risk corridors cases remain stayed at the Court of Claims, there’s a lot of “nothing else,” is up on the WordPress server. For the many risk corridor cases that are stayed, I’ve tried to put up the most recent pleading that indicates the status of the case.]
Then there are four Medicaid sub-pages, one about state-level disputes implicating the Medicaid expansion:
Another about 1115 waivers for “Community Engagement”: proposals for work requirement disqualifications, lifetime limits, and other prohibitions :
A third about 1115 ‘block grant’ waivers, such as the one semi-proposed for Alaska, and semi-tried-out in Rhode Island
And the fourth, “Artist M. redivivus,” about whether Medicaid Act rights are enforceable:
I have also added a page with some information about the public charge litigation:
Then, of course, a collection of cases that are now closed, such as King v. Burwell, Halbig, Pruitt, Indiana v. I.R.S; and Ohio and West Virginia [The King Supreme Court briefing and orders from the other Halbig-type premium tax credits cases are up, but other materials from the Halbig-type cases are not up]:
Finally, I’ve copied over a sub-page on the ACA’s legislative history:
And on the recent repeal/replace/repair efforts in Congress:
And there is now an already-copied-over sub-page about section 1332:
Here is a crib sheet, compiled December 21, 2018, and updated July 8, 2019, showing the cases I’m trying actively to track. Gray: not tracking very actively.
A crib sheet, 11/25/2019
District of Columbia
Southern New York
17-3752, 18-1253, 19-1129, 19-1189
19-15072, 19-15118, 19-15150
Court of Federal Claims
U.S. Supreme Court