One of the most fascinating aspects of the Supreme Court's healthcare reform decision is its refusal to allow the federal government the right to penalize the individual states for failing to accept the reform's expansion of Medicaid.
“As for the Medicaid expansion, that portion of the Affordable Care Act violates the Constitution by threatening existing Medicaid funding. Congress has no authority to order the States to regulate, according to its instructions. Congress may offer the States grants and require the States to comply with accompanying conditions, but the States must have a genuine choice whether to accept the offer. The States are given no such choice in this case: They must either accept a basic change in the nature of Medicaid, or risk losing all Medicaid funding. The remedy for that constitutional violation is to preclude the Federal Government from imposing such a sanction. That remedy does not require striking down other portions of the Affordable Care Act.”
Listen to Mark Dietrich, CPA/ABV and J.D. Epstein, Esq. analyze this aspect as well as the overall Supreme Court decision and its implications, during a live audio webcast from the AICPA on Monday, July 2nd at 2pm (eastern). Register here.