In the wake of the United States Supreme Court’s decision to uphold the central components of the Patient Protection and Affordable Care Act (PPACA), States must now decide whether to shoulder major responsibilities in administering the Act’s key coverage provisions or leave it to the federal government to do so.
View Full Brief:
“Options for Florida Going Forward under the PPACA” (PDF)
Given the U.S. Supreme Court decision regarding the Patient Protection and Affordable Care Act (PPACA), Florida must now decide the following:
- Whether to set up a PPACA-prescribed health benefit exchange or leave it to the federal government;
- Whether to expand Medicaid and accept new federal funding under the Act’s terms or retain its existing program and reject new funds;
- Whether to offer health coverage to employees working 30 or more hours a week (including an additional category of employees who are not currently eligible for coverage) or pay a large annual penalty.
Given pending litigation, widespread negative public opinion, and resistant campaign platforms, Florida’s response to the PPACA could reasonably defer action where possible and permissible, including:
- Not expend the effort and expense of establishing health insurance exchanges that may or may not last if the Act were to be significantly altered or entirely repealed;
- Not participate in the massive and costly expansion of the Medicaid program as contemplated under the Act;
- Defer a decision regarding the PPACA-mandated expansion of employer health insurance coverage pending a cost-benefit analysis of relevant factors such as: Would the cost of paying the penalties exceed the cost of providing coverage? Would declining to offer coverage place the State at a competitive disadvantage when recruiting employees?
- Continue to seek whatever federal waivers may be necessary to move forward with Florida’s Medicaid reforms;
- Continue to look for opportunities to mount legal challenges to PPACA-generated federal rules and regulations and to challenge any specific provisions of the Act that exceed the constitutional authority of the federal government.
View Press Release:
“Options for Florida Going Forward under the PPACA” Press Release (PDF)