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 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?).

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/

(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:

https://affordablecareactlitigation.com/wellness-programs

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/

(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:

https://affordablecareactlitigation.com/statutory-conscience-rights

 

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):

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 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:

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/

A third about 1115 ‘block grant’ waivers, such as the one semi-proposed for Alaska, and semi-tried-out in Rhode Island

https://affordablecareactlitigation.com/medicaid-1115-block-grant-waiver

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

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

 

I have also added a page with some information about the public charge litigation:

https://affordablecareactlitigation.com/public-charge-disability-claims

 

 

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]:

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 July 8, 2019, showing the cases I’m trying actively to track.  Gray: not tracking very actively.

A crib sheet, 11/25/2019

 

Central California

8:19-cv-905

 

Northern California

3:17-cv-183

4:17-cv-5783

3:19-cv-1184

3:19-cv-1195

3:19-cv-2405

3:19-cv-2769

3:19-cv-2916

4:19-cv-4717

4:19-cv-4975

4:19-cv-4980

 

Southern California

3:16-cv-2408

 

Connecticut

3:19-cv-1098

 

Delaware

1:19-cv-2103

 

District of Columbia

1:18-cv-152

1:18-cv-1747

1:18-cv-1900

1:18-cv-2133

1:19-cv-773

1:19-cv-2848

1:19-cv-3526

1:19-cv-3619

 

Idaho

1:17-cv-151

 

Northern Illinois

1:16-cv-10294

1:17-cv-6618

1:19-cv-6334

 

Maine

1:19-cv-100

 

Maryland

1:18-cv-2364

1:19-cv-1103

8:19-cv-2715

 

Massachusetts

1:17-cv-11930

 

Minnesota

0:16-cv-100

 

New Mexico

1:18-cv-773

 

Southern New York

1:15-cv-3608

1:19-cv-4676

1:19-cv-5433

1:19-cv-5435

1:19-cv-7777

1:19-cv-7993

 

Oregon

6:19-cv-317

6:19-cv-318

3:19-cv-1743

 

Eastern Pennsylvania

2:17-cv-4540

 

Northern Texas

7:15-cv-151

7:16-cv-108

4:18-cv-167

4:18-cv-779

4:18-cv-825

 

Eastern Washington

2:18-cv-12

2:19-cv-183

1:19-cv-3040

1:19-cv-3045

4:19-cv-5210

 

Western Wisconsin

3:18-cv-309

 

D.C. Circuit

19-5094

19-5095

19-5096

19-5097

19-5125

19-5212

19-5293

19-5295

 

First Circuit

18-1514

19-1836

 

Second Circuit

18-2583

19-3591

19-3595

 

Third Circuit

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

 

Fourth Circuit

18-2133

19-1614

19-2222

 

Fifth Circuit

17-50282

18-10545

18-40246

19-10011

19-10754

 

Sixth Circuit

18-5897

 

Seventh Circuit

18-3408

19-3169

 

Ninth Circuit

18-15255

18-35846

18-35892

19-15072, 19-15118, 19-15150

19-15974

19-17213

19-35017

19-35386

19-35394

19-35914

19-36020

 

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

1:19-cv-568

1:19-cv-569

1:19-cv-1164

1:19-cv-1770

 

Federal Circuit

19-1290

19-1302

19-1633

19-2102

 

U.S. Supreme Court

18-1023

18-1028

18-1038

18-1192

19-431

19-454