Affordable Care Act Litigation

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 yet uploaded everything to the new site’s WordPress server, and may not do that for a few days or maybe even a few weeks, or, as it’s turned out, maybe even a few months.  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?).

ACA litigation, a summary 3 23 19

 

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.).

https://affordablecareactlitigation.com/a-global-challenge/

Another sub-page, “Whittling away,” presents cases challenging Administration proposals about association health plans, the 2019 regulations, and short-term and limited duration policies.

https://affordablecareactlitigation.com/whittling-away/

 

Then there are sub-pages about enforcing the ACA directly or via section 1557:

https://affordablecareactlitigation.com/aca-enforcement-directly-and-1557/

About the challenges to the religious and moral objections rules:

https://affordablecareactlitigation.com/religious-and-moral/

And about miscellaneous pending ACA/health cases:

https://affordablecareactlitigation.com/miscellaneous-aca-litigation/

And recent litigation about Title X restrictions:

https://affordablecareactlitigation.com/title%20x%20program%20integrity/

 

Then there are sub-pages about payments to insurers, specifically, CSRs (the cases in the Court of Federal Claims; House v. Burwell; California v. Trump; the New York/Minnesota BHP case; and other materials):

https://affordablecareactlitigation.com/cost-sharing-reductions-payments/

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, 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 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 yet up on the WordPress server]

 

Then there are three Medicaid sub-pages, one about state-level disputes implicating the Medicaid expansion:

https://affordablecareactlitigation.com/aca-litigation-state-by-state/

Another about 1115 waivers for “Community Engagement”: proposals for work requirement disqualifications, lifetime limits, and other prohibitions :

https://affordablecareactlitigation.com/1115-medicaid-waivers-community-engagement/

And the third, “Artist M. redivivus,” about whether Medicaid Act rights are enforceable:

https://affordablecareactlitigation.com/artist-m-redivivus/

 

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 yet up]:

https://affordablecareactlitigation.com/closed-aca-cases/

 

Finally, I’ve copied over a sub-page on the ACA’s legislative history:

https://affordablecareactlitigation.com/aca-legislative-history/

And on the recent repeal/replace/repair efforts in Congress:

https://affordablecareactlitigation.com/repeal-replace-repair/

And there is now an already-copied-over sub-page about section 1332:

https://affordablecareactlitigation.com/1332-2/

 

Here is a crib sheet, compiled December 21, 2018, and updated March 7, 2019, showing the cases I’m trying actively to track.

A crib sheet, 3/7/2019

 

Northern California

3:17-cv-183

4:17-cv-5783

3:19-cv-1184

3:19-cv-1195

 

Southern California

3:16-cv-2408

 

District of Columbia

1:18-cv-152

1:18-cv-1747

1:18-cv-1900

1:18-cv-2133

1:19-cv-773

 

Idaho

1:17-cv-151

 

Northern Illinois

1:16-cv-10294

1:17-cv-6618

 

Maryland

1:18-cv-2364

 

Minnesota

0:16-cv-100

 

New Mexico

1:18-cv-773

 

Oregon

6:19-cv-317

6:19-cv-318

 

Eastern Pennsylvania

2:17-cv-4540

 

Northern Texas

7:15-cv-151

7:16-cv-108

4:18-cv-167

4:18-cv-779

 

Eastern Washington

2:18-cv-12

1:19-cv-3040

1:19-cv-3045

 

Western Wisconsin

3:18-cv-309

 

First Circuit

18-1514

 

Second Circuit

18-2583

 

Third Circuit

17-3752, 18-1253, 19-1129, 19-1189

 

Fourth Circuit

18-2133

 

Fifth Circuit

17-50282

18-10545

18-40246

19-10011

 

Seventh Circuit

18-2861

18-3408

 

Ninth Circuit

18-15255

18-35846

18-35892

19-15072, 19-15118, 19-15150

19-35017

 

Tenth Circuit

18-2186

 

Court of Federal Claims

1:17-cv-877

1:17-cv-1542

1:17-cv-2057

1:18-cv-5

1:18-cv-136

1:18-cv-143

1:18-cv-333

1:18-cv-334

1:18-cv-373

1:18-cv-1791

1:18-cv-1820

1:18-cv-1983

 

Federal Circuit

19-1290

19-1302