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Legal Factors Of An Urban Institute

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Legal Factors
An Urban Institute analysis found that if all states expanded Medicaid to individuals at or below 138% FPL, more than 15 million adults will be eligible to enroll (Kenney, Dubay, Zuckerman and Huntress, 2012). If a state failed to implement the expansion, it faced the possible loss of all federal Medicaid funding, making it an offer the states could not refuse. However, the U.S. Supreme Court ruled that Congress could not intimidate states into expanding Medicaid. As a result, the ACA Medicaid eligibility expansion is now optional for each state. States still await official guidance from CMS, including revised ACA regulations to match the court’s ruling. It is also likely that states may opt into or may subsequently opt out of Medicaid eligibility expansion at any time in the future. Although the Supreme Court upheld the ACA as constitutional, it determined that the Medicaid expansion would be a state option rather than mandatory (Kaiser Family Foundation, 2012). At the same time, 4.3 million adults in the United States are currently eligible for Medicaid but not enrolled (Kenney et al., 2012). Because of state expansion discrepancies and past experiences with enrollment among eligible populations, the Congressional Budget Office has projected that only eight million will enroll in the first year (2014) and only 11 million two years after implementation (Congressional Budget Office, 2013).
Issue Statement
How can state legislatures improve access to care

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