Professor Pens Chapter in New Book on ACA.

March 23, 2020 marked the 10th anniversary of the signing of the Affordable Care Act, one of the most consequential and controversial domestic policy measures in modern American history. On the heels of the law’s first decade, Nicole Huberfeld, professor of health law, ethics & human rights, has contributed to a new book that offers a meticulous analysis of the legal and political impact—and future—of the ACA.

Edited by medical and legal experts Ezekiel Emanuel and Abbe Gluck, The Trillion Dollar Revolution is a compilation of essays by leading academics, government officials, economists, and lawyers who explore and evaluate the ACA’s vast influence on US health care, the economy, politics, and law. The law transformed the landscape of the American health care system through Medicaid expansion, the creation of health insurance exchanges, and mandatory coverage for preexisting conditions—but its future remains uncertain as it continues to face Supreme Court challenges and the threat of repeal by the Trump administration.

Huberfeld co-authored a chapter in the book, in which she and Abbe Gluck examine the complicated relationship between the federal government and the states over the years in the implementation of the ACA’s policies. Although the Supreme Court case NFIB v. Sebelius granted states the power to opt out of Medicaid expansion, Gluck and Huberfeld explore how the law managed to garner public support and will continue to shape national politics and policy in the years to come.

“The next round of health reform is likely to involve states, but our research raises important questions as to whether states should share responsibility in a national health policy,” says Huberfeld, who is also a professor of law at the School of Law.

Huberfeld will expand on these ideas and more during the online Dean’s Seminar Law and the Health of Populations on Monday, March 30. She will be joined by Wendy Mariner, Edward R. Utley Professor of Health Law, George Annas, William Fairfield Warren Distinguished Professor of Health Law, Ethics & Human Rights, and Michael Ulrich, assistant professor of health law, ethics & human rights, for a discussion on the challenges of teaching, practicing, and advancing public health law.

Many aspects of health law, including the ACA, are becoming amplified as the nation and world confront the novel coronavirus, likely the worst public health crisis of the last century. While the federal government has eliminated COVID-19 testing costs for insured and uninsured individuals, treatment costs are not automatically covered or waived. Huberfeld says the coronavirus will underscore the ongoing disparities among different populations and different kinds of insurance coverage, as well as the high cost of care in the US.

“Coverage for COVID-19 treatment costs will vary by the insurance plan, highlighting one area that requires ongoing attention as the nation debates health reform again: fairness and reasonable costs,” says Huberfeld. “Short term plans that have low deductibles may appear affordable on a month-to-month basis, but they quickly become too expensive when illness strikes.”

To purchase The Trillion Dollar Revolution, click here.

—Jillian McKoy