Eric Fader was quoted in a December 13 article, “Trump administration to focus on ACA reform, tort reform,” in Family Practice News and affiliated publications. The article discussed how changes with the incoming administration, including expected reform of the Affordable Care Act and a likely conservative swing in the Supreme Court, may affect healthcare law.
Eric said that a set of ACA-related cases, in which a half-dozen health insurers have sued the Department of Health and Human Services over alleged underpayments under the ACAs risk corridor program, would continue regardless of actions by the new administration. “Even if you do away with the ACA, these cases all pertain to conduct that has already occurred, so theyre not going to be automatically moot,” Eric observed. “They may struggle along for a while.”
The resolution of some other controversial cases will likely depend on the composition of the Supreme Court. As long as we have a 4-4 Supreme Court, everything is up in the air, Eric said. As soon as that ninth slot is filled, I think were going to see some decisions that are going to be in line with traditional Republican conservative positions.