AEI health care policy experts available to comment on SCOTUS Affordable Care Act decision – with topics and contact info

IS THE AFFORDABLE CARE ACT CONSTITUTIONAL?
WILL THE SUPREME COURT STRIKE ALL OR PART OF IT DOWN?
WHAT REFORMS MIGHT REPLACE IT?
AT THE END OF THIS ADVISORY, PLEASE FIND A LIST OF
AEI SCHOLARS WHO CAN EXPLAIN THE IMPACT OF THE COURT’S RULING – AND WHAT MIGHT COME NEXT

OUTCOME ONE:

SCOTUS does not decide if ACA is constitutional because of the Anti-Injunction Act -- an 1867 federal law which states that if you think the government has improperly imposed a tax on you, you must first pay it, request a refund, and only later file a lawsuit to challenge the tax. In this case, only after the individual mandate is enforced.

OUTCOME TWO:

The Anti-Injunction Act does not apply and:
A.    Individual Mandate is found constitutional
B.    Individual Mandate is found unconstitutional

OUTCOME THREE:

If the Individual Mandate is found unconstitutional: what else is thrown out by SCOTUS?
A.    Nothing
B.    Everything
C.    Specific parts (for example, only the guaranteed issue and community rating rules for private insurance, all of title I - private health insurance coverage, or title I and all of title II - Medicaid coverage and related provisions)

OUTCOME FOUR:

On a parallel track the Court could declare the Medicaid expansion part as being too coercive and therefore unconstitutional.
The following AEI health care scholars are available to comment the ACA; the ruling's impact; what’s next for Medicare and Medicaid; and health reform alternatives.

Joseph Antos

AEI Wilson H. Taylor Scholar in Health Care and Retirement Policy
A former Assistant Director for Health and Human Resources at the Congressional Budget Office (CBO), Antos is currently a commissioner of the Maryland Health Services Cost Review Commission and a health adviser to CBO.

Research areas: Impact on Medicare (and Medicare expansion); economics of health policy; health insurance.

Contact: jantos@aei.org or 202.862.5938. Research assistant catherine.griffin@aei.org (202.862.5920)

James C. Capretta
AEI Visiting Scholar

As a former Associate Director of the White House’s Office of Management and Budget, Capretta was responsible for health care, Social Security, and welfare issues. Earlier, he served as a senior health policy analyst for the Senate Budget Committee and the House Ways and Means Committee. He is concurrently a Fellow at the Ethics and Public Policy Center.

Research areas: Market-based alternatives to the Affordable Care Act; private sector insurance; GOP alternatives to the ACA.

Contact: james.capretta@aei.org or through research assistant catherine.griffin@aei.org (202.862.5920)

Scott Gottlieb, M.D.
AEI Resident Fellow
A practicing physician, Dr. Gottlieb has served as a Senior Policy Adviser at the Centers for Medicare and Medicaid Services (CMS) and as a Deputy Commissioner for Medical and Scientific Affairs at the Food and Drug Administration (FDA)

Research areas: Impact of Affordable Care Act on physicians; impact on CMS: Medicare and Medicaid; trends in medicine (political and clinical); FDA policies.

Contact: scott.gottlieb@aei.org or through research assistant catherine.griffin@aei.org (202.862.5920)

Robert B. Helms
AEI Resident Scholar
An economist by training, Helms was a member of the Medicaid Commission. He has also served as an Assistant Secretary for Planning and Evaluation and Deputy Assistant Secretary for Health Policy at the Department of Health and Human Services (HHS).

Research areas: Impact on Medicaid and Medicare; health economics.

Contact: rhelms@aei.org

J.D. Kleinke
AEI Resident Fellow
An expert on health care business strategy and entrepreneurship, Kleinke studies the interplay between health policy, health care market dynamics and health venture formation. He also writes about the influence of information technology and medical technology on the overall health economy, and the impact of medical culture on health care organizations, markets and public health.

Research areas: Reaction of business and healthcare industry to SCOTUS decision; link between health care market dynamics and health care policy; medical technology; electronic medical records; and the overall health economy.

Contact: jd.kleinke@aei.org or through research assistant catherine.griffin@aei.org (202-862-5920)

Thomas (Tom) P. Miller
AEI Resident Fellow

Miller can discuss the legal aspects of the case as well as the various policy options.

A former trial attorney and former senior health economist for the Joint Economic Committee in Congress, Miller heads AEI's Beyond Repeal and Replace health policy reform project. He is the co-author of Why ObamaCare is Wrong for America (2011).

Miller is instrumental in the filing of an amicus brief on “severability” issues which makes the case for SCOTUS to invalidate only the Individual Mandate and the private insurance part of the Affordable Care Act (title I).

Research areas: Affordable Care Act and the SCOTUS decision; market-based alternatives to the Affordable Care Act; private sector health insurance.

Contact: tmiller@aei.org or 202.862.5886

More information about AEI's health care research is available here.

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About the Author

 

Joseph
Antos
  • Joseph Antos is the Wilson H. Taylor Scholar in Health Care and Retirement Policy at the American Enterprise Institute (AEI), where his research focuses on the economics of health policy — including the Affordable Care Act, Medicare, the uninsured, and the overall reform of the health care system and its financing. He also studies the impact of health care expenditures on federal budget policy.

    Before joining AEI, Antos was assistant director for health and human resources at the Congressional Budget Office (CBO). He has also held senior positions in the US Department of Health and Human Services, the Office of Management and Budget, and the President’s Council of Economic Advisers. He recently completed a seven-year term as health adviser to CBO, and two terms as a commissioner of the Maryland Health Services Cost Review Commission. In 2013, he was also named adjunct associate professor of emergency medicine at George Washington University.

    Antos has a Ph.D. and an M.A. in economics from the University of Rochester and a B.A. in mathematics from Cornell University.



    Follow Joseph Antos on Twitter.

  • Phone: 202-862-5938
    Email: jantos@aei.org
  • Assistant Info

    Name: Neil McCray
    Phone: 2028625826
    Email: Neil.McCray@aei.org

 

Robert B.
Helms
  • Robert B. Helms has served as a member of the Medicaid Commission as well as assistant secretary for planning and evaluation and deputy assistant secretary for health policy at the U.S. Department of Health and Human Services (HHS). An economist by training, he has written and lectured extensively on health policy and health economics, including the history of Medicare, the tax treatment of health insurance, and compared international health systems. He currently participates in the Health Policy Consensus Group, an informal task force that is developing consumer-driven health reforms. He is the author or editor of several AEI books on health policy, including Medicare in the Twenty-First Century: Seeking Fair and Efficient Reform and Competitive Strategies in the Pharmaceutical Industry.
  • Phone: 2028625877
    Email: rhelms@aei.org
  • Assistant Info

    Name: Kelly Funderburk
    Phone: 202.862.5855
    Email: Kelly.Funderburk@AEI.org

 

Scott
Gottlieb
  • Scott Gottlieb, M.D., a practicing physician, has served in various capacities at the Food and Drug Administration, including senior adviser for medical technology; director of medical policy development; and, most recently, deputy commissioner for medical and scientific affairs. Dr. Gottlieb has also served as a senior policy adviser at the Centers for Medicare & Medicaid Services. 

    Click here to read Scott’s Medical Innovation blog.


    Follow Scott Gottlieb on Twitter.

  • Phone: 202.862.5885
    Email: scott.gottlieb@aei.org
  • Assistant Info

    Name: Kelly Funderburk
    Phone: 202.862.5920
    Email: Kelly.Funderburk@AEI.org

 

Thomas P.
Miller
  • Thomas Miller is a former senior health economist for the Joint Economic Committee (JEC). He studies health care policy and regulation. A former trial attorney, journalist, and sports broadcaster, Mr. Miller is the co-author of Why ObamaCare Is Wrong For America (HarperCollins 2011) and heads AEI's "Beyond Repeal & Replace" health reform project. He has testified before Congress on issues including the uninsured, health care costs, Medicare prescription drug benefits, health insurance tax credits, genetic information, Social Security, and federal reinsurance of catastrophic events. While at the JEC, he organized a number of hearings that focused on reforms in private health care markets, such as information transparency and consumer-driven health care.
  • Phone: 202-862-5886
    Email: tmiller@aei.org
  • Assistant Info

    Name: Neil McCray
    Phone: 202-862-5826
    Email: Neil.McCray@aei.org

 

James C.
Capretta
  • James Capretta has spent more than two decades studying American health care policy. As an associate director at the White House's Office of Management and Budget from 2001 to 2004, he was responsible for all health care, Social Security and welfare issues. Earlier, he served as a senior health policy analyst at the U.S. Senate Budget Committee and at the U.S. House Committee on Ways and Means. Capretta is also concurrently a Senior Fellow at the Ethics and Public Policy Center. At AEI, he will be researching how to replace the Patient Protection and Affordable Care Act (best known as Obamacare) with a less expensive reform plan to provide effective and secure health insurance for working-age Americans and their families.

  • Email: James.Capretta@aei.org
  • Assistant Info

    Name: Neil McCray
    Phone: 202-862-5826
    Email: Neil.McCray@aei.org

 

J.D.
Kleinke
  • J. D. Kleinke, an expert on health care business strategy and entrepreneurship, was instrumental in the creation of four health care information organizations. He has also advised established and start-up companies on health care business, product and technology strategy. Mr. Kleinke writes on the business of health care, health insurance and benefits as well as about doctors and the culture of medicine. His books include Bleeding Edge: The Business of Health Care in the New Century (Jones & Bartlett Learning, 1998), Oxymorons: The Myth of a U.S. Health Care System (Jossey-Bass, 2001), and Catching Babies (Fourth Chapter Books, 2011). At AEI, he is studying the interplay between health policy, health care market dynamics and health venture formation; the influence of information technology and medical technology on the overall health economy; and the impact of medical culture on health care organizations, markets and public health.

  • Phone: 202 862 5846
    Email: jd.kleinke@aei.org
  • Assistant Info

    Name: Catherine Griffin
    Phone: 202 862 5920
    Email: catherine.griffin@aei.org

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