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Nov 13, 2024 | 
commonwealthfund.org | Sara Rosenbaum
Historically, intentional discrimination has been a feature of America’s health care system, with practices and policies deliberately aimed at excluding certain people from care or denying them needed care solely because of their race, color, national origin, disability, or other personal characteristic.
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Oct 31, 2024 | 
healthaffairs.org | Sara Rosenbaum
On December 4, 2024, the US Supreme Court will hear United States v Skrmetti. The case raises the question of whether a state law that prohibits medically necessary gender-affirming care for transgender people violates the 14th Amendment’s equal protection guarantee, which bars discrimination based on sex. Skrmetti arrives five years after Bostock v Clayton County, Georgia, which addressed Title VII of the 1964 Civil Rights Act (the act).
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Oct 31, 2024 | 
commonwealthfund.org | MaryBeth Musumeci |Elizabeth Leiser |Sara Rosenbaum |Huba Zaman
Regulations are a fundamental part of health policy. Congress legislates in broad terms and agencies fill in technical details on myriad issues, from how Medicaid eligibility is determined to how Medicare providers are paid to how new drugs are approved for market. A recent Supreme Court decision, Loper Bright v. Raimondo, changes the balance of power between courts and federal agencies when interpreting laws and reviewing regulations and also impacts “friend of the court” (or amicus) briefs.
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Aug 6, 2024 | 
statnews.com | David Blumenthal |Sara Rosenbaum
The U.S. Congress needs help. It lacks the expertise to do its job in the post-Chevron world. At the end of its most recent term, the Supreme Court cast aside in a 6-3 decision the Chevron deference, which for 40 years required judges to defer to reasonable interpretations by federal agencies of the laws they are charged with administering. To legislate effectively without the Chevron deference, Congress will have to enact laws that leave far less room for interpretation.
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Jul 19, 2024 | 
commonwealthfund.org | Sara Rosenbaum |MaryBeth Musumeci
On June 21, a three-judge panel in the U.S. Court of Appeals for the Fifth Circuit issued its long-awaited decision in Braidwood Management v. Becerra. The case has consequences for the Affordable Care Act’s guarantee of coverage for a wide range of free preventive care. In the near term, that guarantee remains undisturbed, but there may be years of litigation ahead. The case.
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Jul 19, 2024 | 
healthaffairs.org | Zachary Baron |Sheela Ranganathan |Andrew Twinamatsiko |Sara Rosenbaum
During its 2024 term, the Supreme Court issued multiple decisions that fundamentally reshape the relationship between the branches of the federal government. Much attention has been paid to its decision in two consolidated cases, Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce (collectively "Loper"), in which the Supreme Court effectively declared “Chevron deference” dead.
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Jul 1, 2024 | 
healthaffairs.org | Sara Rosenbaum
When it was formally released on June 27, the Supreme Court opinion in Moyle v United States came as no surprise; Court personnel apparently inadvertently posted the decision on June 26, and it was captured by Bloomberg Law reporters before it was removed. Other than proper formatting, the actual decision is identical to the accidentally released version.
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Jun 26, 2024 | 
healthaffairs.org | Vincent Guilamo-Ramos |Francis K. Amankwah |Kosali I. Simon |John Ayanian |Margarita Alegría |Sara Rosenbaum
More than twenty years have passed since the Institute of Medicine (now the National Academy of Medicine) published its 2003 landmark report, Unequal Treatment: Confronting Racial and Ethnic Disparities in Health Care. The central conclusion of the report was that racial and ethnic disparities were a hallmark of the US health care system and that unequal treatment persisted even when controlling for health insurance coverage.
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Jun 25, 2024 | 
healthaffairs.org | Vincent Guilamo-Ramos |Francis K. Amankwah |Kosali I. Simon |John Ayanian |Margarita Alegría |Sara Rosenbaum
More than twenty years have passed since the Institute of Medicine (now the National Academy of Medicine) published its 2003 landmark report, Unequal Treatment: Confronting Racial and Ethnic Disparities in Health Care. The central conclusion of the report was that racial and ethnic disparities were a hallmark of the US health care system and that unequal treatment persisted even when controlling for health insurance coverage.
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Jun 12, 2024 | 
healthaffairs.org | Sara Rosenbaum |MaryBeth Musumeci |Kian Azimpoor |Josemiguel Rodriguez
Section 1557 of the Affordable Care Act (codified as 42 U.S.C. §18116) is a civil rights landmark. At fewer than 300 words, Section 1557 (“1557”) is short in text. In this respect, it is similar to other health care civil rights laws on which it builds, such as Title VI of the 1964 Civil Rights Act, which prohibits discrimination by federally assisted entities based on race, national origin, sex, religion, or color.
