Boston University School of Law

Brief of Health Care for All, Inc., Health Law Advocates, Inc., The Massachusetts Hospital Association, Inc., The Massachusetts League of Community Health Centers, Inc., Greater Boston Interfaith Organization, Inc., and Community Catalyst, Inc. as Amici Curiae in Support of Petitioners Urging Reversal on the Minimum Coverage Provision Issue, Department of Heath and Human Services, et al. v. State of Florida, et al., No. 11-398 (filed Jan. 13, 2012)

Wendy E. Parmet
Northeastern University School of Law

Lorianne Sainsbury-Wong
Health Law Advocates

Kevin Outterson
Boston University School of Law

Northeastern Univrsity School of Law Research Paper No. 87-2012
Boston University School of Law, Public Law & Legal Theory Paper No. 12-08
(February 22, 2012)

Abstract

This amicus brief was filed before the Supreme Court in the Affordable Care Act (ACA) litigation on behalf of Health Care for All and other Massachusetts organizations that have been involved in the implementation of Massachusetts’ health 2006 health reform legislation. The brief argues that Massachusetts’ health reform law, upon which the ACA is modeled, has been very effective in expanding insurance coverage within the State, but it required substantial federal support, through a Medicaid waiver, to achieve its success. In addition the Commonwealth’s experience illustrates that the health insurance and health care markets are inherently interstate commerce and that decisions by out-of-state residents to forgo insurance, the very decisions subject to the ACA’s minimum coverage provision, have limited the State’s ability to improve its health care system through the elimination of uncompensated care. The brief reviews the impact of the health care services provided to out-of-state tourists, commuters, and residents on the State’s health care system, and argues that similar or greater externalities would face any state seeking to reform its own health care system. Only the federal government has the power to address these externalities.

 

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Suggested Citation:
Parmet, Wendy E., Sainsbury-Wong, Lorianne and Outterson, Kevin, Brief of Health Care For All, Inc., Health Law Advocates, Inc., The Massachusetts Hospital Association, Inc., The Massachusetts League of Community Health Centers, Inc., Greater Boston Interfaith Organization, Inc., and Community Catalyst, Inc. as Amici Curiae in Support of Petitioners Urging Reversal on the Minimum Coverage Provision Issue, Department of Health and Human Services, et al. v. State of Florida, et al., No. 11-398 (filed Jan. 13, 2012) (January 13, 2012). Northeastern University School of Law Research Paper No. 87-2012; Boston Univ. School of Law, Public Law Research Paper. Available at SSRN: http://ssrn.com/abstract=2007630

Kevin Outterson
Boston University School of Law
765 Commonwealth Avenue
Boston, MA 02215
Email: mko@bu.edu
Office Phone: (617) 353-3135

Wendy E. Parmet
Northeastern University School of Law
400 Huntington Avenue
Boston, MA 02115
Phone: (617) 373-2019
Fax: (617) 353-5056
Email: w.parmet@neu.edu

Lorianne Sainsbury-Wong
Health Law Associates
30 Winter Street, Suite 1004
Boston, MA 02108
email: sainsbury_wong@hla-inc.org

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