It’s true that states could, after 2014, reduce their Medicaid rolls without the potential consequences of losing their entire federal share of funding. But some states aren’t waiting until 2014.
The court, which upheld most of the law, struck down penalties for states choosing not to expand Medicaid. A few states are also trying to go farther, arguing that the ruling justifies cuts to their existing programs.
Within hours of the Supreme Court’s ruling on June 28, lawyers in the Maine attorney general’s office began preparing a legal argument to allow health officials to strike more than 20,000 Medicaid recipients from the state’s rolls—including 19- and 20-year-olds—beginning in October to save $10 million by next July.
“We think we’re on solid legal ground,” Attorney General William Schneider said in an interview. “We’re going to reduce eligibility back to the base levels in a couple of areas,” he said. Maine, like some other states eyeing cuts, earlier expanded its Medicaid program beyond national requirements.
Other states, including Wisconsin and Alabama, are expected to follow Maine’s lead, though there is disagreement over whether the high court gave the states such leeway. That could lead to battles between states and the federal government that could drag the health law back to the courts. New Jersey and Indiana also said they were evaluating the decision and did not rule out challenging the requirements.
This looks to me like an expansion of what the Court actually said. The Court’s ruling specifically regarded tying the Medicaid expansion to the initial program funding as unconstitutional. If the cuts contemplated now started before the expansion, that seems to fall under the same maintenance of effort rules that remain in place until 2014. This will take further litigation and a new ruling to figure out.
But it does show that states view the Medicaid program as something to raid, not something to nurture. They want to push the limits of the ruling to make as many cuts as possible. So suggestions that red state governors will not be able to pass up a “good deal” like the Medicaid expansion doesn’t match with this reality.
Meanwhile, given these statistics out of Texas, it’s not clear whether an expansion will really result in an expansion.
The number of Texas doctors willing to accept government-funded health insurance plans for the poor and the elderly is dropping dramatically amid complaints about low pay and red tape, showed a survey by the Texas Medical Association provided to The Associated Press on Sunday before its Monday release.
Only 31 percent of Texas doctors said they were accepting new patients who rely on Medicaid, the health insurance program for the poor and disabled. In 2010, the last time the survey was taken, 42 percent of doctors accepted new Medicaid patients. In 2000, that number was 67 percent.
Texas doesn’t have enough primary-care doctors to serve the size of the state or its rapid population growth. The doctors’ reluctance to take on new Medicaid patients comes at a bad time, since the new federal health care law proposes adding 6 million additional people to the Texas Medicaid rolls with the intent of ensuring every U.S. citizen has access to health insurance. The state ranks last in the nation in terms of percentage of people insured, with 27 percent of Texans without any kind of insurance, according to a March Gallup poll.
Obviously, having health insurance coverage that 31% of doctors will honor is better than having no coverage at all. But geographic distribution matters here. Texas is a big place, and a low-income resident, on the off chance that the state expands its Medicaid coverage, may not be able to find a doctor for many miles. The primary-care doctor problem is central to this debate. States predisposed to reject the expansion will justify it by saying they don’t have the resources to accommodate all these new eligible patients on the Medicaid rolls.




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That is delightful. A lot of Republicans are going to find out that Mom or Dad who are in a nursing home only because of Medicaid will be coming to live with them.
That would be too inconvienent for those Republicans, better to plan ahead.
http://money.cnn.com/2008/04/28/pf/insurance/long_term_care.moneymag/index.htm
They hate everyone, don’t they. Unless you’re rich.
This is a ‘drive by’ opinion. But methinks a 14th Amendment equal protection argument is available for Medicaid recipients. Equally situated people should be equally treated by federal programs regardless of which state they ‘happen’ to be in.
How do you force a doc to take a program that does not cover their basic costs?
When I read stuff like this, I’m reminded of southern governors refusing to segregate schools in the 60′s.
Must they be on the wrong side of history always?
Yeah, it’s going to get a lot worse before it gets better. Here in Tx Perry is already saying he won’t implement. I just don’t understand the political theory behind doing harm to large segments of the population and expecting to maintain political power.
Maybe they know something I don’t but I doubt it.
“Only 31 percent of Texas doctors said they were accepting new patients who rely on Medicaid”
I don’t believe the number is that high. The state doesn’t even know what doctors will and won’t accept Medicaid. I called the hotline that is supposed to know and none of the doctors on their list in my zip code or adjacent ones would except Medicaid. A couple said they have never accepted Medicaid.
This has been the achilles heel of the ACA since the day it was passed with or without the SCOTUS decision.
We’re not talking upper middle class Republicans here, although some were until they spent down and gifted it away.
“I just don’t understand the political theory behind doing harm to large segments of the population …”
You can do any damn thing you please to poor people who won’t or can’t vote, a situation recently compounded by the newly enacted voter ID law. And the people that do vote consistently are in favor of anything that keeps the brown people down.
To summarize:
From the start the ACA, once fully implemented, would still have left 10’s of millions of people uninsured, or under-insured.
States always had the choice to opt out of state exchanges. However, the ACA does not explicitly provide for funding to establish the fall-back federal exchange nor does it provide for subsidies in the federal exchange.
The Roberts opinion opened the door to states opting out of the Medicaid expansion
States are also using the Roberts opinion to support opting out of existing Medicaid
I imagine some of the above will be subject to litigation, but it does seem that there’s not much left here but the mandate.
The Achilles heel of Medicaid was letting states, with their balanced budget amendments, get involved at all in healthcare programs. Medicaid, because it benefitted the “poor” and not the “deserving elderly”, was set up to fail in the same way that channeling “war on poverty” money through governors’ offices set that program up to fail. And that was baked into the original Medicare/Medicaid legislation, LBJ’s grand triumph.
Why focus just on “red” states? Illinois has just beat them all to the punch. As of July 1, with a majority Dem. legislature and a Dem. governor, Illinois just reduced its Medicaid eligibility from 185% of the poverty level to 133% of the poverty level (eliminating 26,000 people from the Medicaid rolls), reduced the amount it will pay hospitals for Medicaid patients, eliminated funding for community-based care for the elderly (so they can continue to live at home rather than going into nursing homes), and eliminated all prescription drug support for low-income elderly in the state. Way to go, Illinois. Pick on the people who are too sick or too frail to fight back.
I should also point out that TX is already in the process of privatizing Medicaid. There are three Medicaid HMO’s in the greater Houston area and the state is in the process of pushing outlying areas into the HMO fold.
We are in a ” Medicaid Waiver Program” that pushed us back into “traditional Medicaid” which is a big improvement.
Yes, things will get worse in some of these states, and there will be thousands of horror stories to tell before they wake up and smell the coffee. I want to gag every time I hear some GOP cretin say that we have the best healthcare system in the world. Some of the best technology and medical personnel perhaps, but the access system in some parts of this country is bordering on the Third World. Guys like Good Hair Perry are dragging us down to their level.
Dang. Too bad there weren’t leaders in DC who could foresee some of these issues and had the gumption to just go all Medicare for All Improved on our asses.
Too bad we don’t have Democratic president from the Democratic Wing of the Democratic Party.
But, seriously, the states are unable to adequately fund Medicaid or to offer equality to all our citizens. It should be folded into Medicare and completely Federalized.
And raise taxes on the richie richies along with it.
And many of us during these debates were pointing this out.
A federal system could have gained parity with Medicare, a popular program, that has actually worked at decreasing costs. However, Reagan Jr wanted states to continue to run their own convoluted systems that have multiple rules and multiple success rates at doctor participation.
“I just don’t understand the political theory behind doing harm to large segments of the population and expecting to maintain political power.”
That didn’t stop Obama from his Catfood Commission – he knows there’s lots of partisans who will support and defend him simply because he’s a Democrat.