• Analysis or Summary
  • October 22, 2020

Implications for Children of ACA Constitutionality Case

On Aug. 19, 2020, the U.S. Supreme Court announced it will hear oral arguments in Texas v. U.S.—the lawsuit that would overturn the Affordable Care Act—on Nov. 10, one week after the presidential election. In March 2020, the Supreme Court had agreed to review the case following the December 2019 ruling from the Fifth Circuit Court of Appeals that the ACA's individual mandate is unconstitutional. The appeals court did not take a position on the implications for the remainder of the ACA, sending the severability issues back to the lower court for further review. A decision from the Supreme Court will likely not be announced until Spring 2021.

This backgrounder provides a detailed list of all provisions of the ACA related to children's health and children's hospitals that could be repealed if the ACA is ultimately overturned. The list includes, among others, provisions related to:

  • Children's Coverage
  • Medicaid Disproportionate Share Hospital Payments
  • Health Care Workforce and Capacity Building
  • 340B Drug Pricing Program
  • Charitable Hospital Requirements
  • Price Transparency
  • Quality Measurement and Quality Improvement
  • Public Health
  • Innovative Medical Therapies