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Medicaid Expansion Under the Affordable Care ActMedicaid Expansion Under the Affordable Care Act

What happens when states refuse to enlarge this coverage to its residents?

Bernard A. Krooks, Founding Partner

July 9, 2012

3 Min Read
Medicaid Expansion Under the Affordable Care Act

Print, television and online media outlets have extensively covered the June 28, 2012 U.S. Supreme Court case of Florida et al. v. Department of Health and Human Services, et al.,1 which challenged the constitutionality of the Patient Protection and Affordable Care Act of 2010 (the ACA). Along with upholding most provisions of the ACA, the Supreme Court upheld the ACA’s individual mandate: that is, individuals will now be required to purchase health insurance regardless of their situation; those who fail to purchase health insurance will risk paying a financial penalty. While many are excited about the new requirements expanding healthcare to approximately 30 million uninsured,2 others are wary that under new conditions, individual states can opt out of the state-operated, federally funded Medicaid program, which provides health coverage for lower income individuals, families and children, the elderly and people with disabilities.3

The Supreme Court decision gives individual states the option of expanding Medicaid by changing enrollment requirements. Under the expansion, anyone 133 percent above the federal poverty line will qualify for increasing coverage to low-income individuals, meaning that 17 million currently uninsured would gain Medicaid coverage. The new law will simplify eligibility for enrollment by eliminating the pre-existing categories that one must currently fall under to qualify for Medicaid. Moreover, before the ACA, the federal government shared Medicaid costs with the states, with the federal government paying roughly 57 percent of the total amount. If individual states accept this provision to expand Medicaid, the federal government will cover the total cost for Medicaid expansion for three years. States that consent to the Medicaid expansion will receive funds to pay their residents’ health care bills, which could also reduce the number of hospitals and physicians left with uninsured patient bills. The 100 percent match rate from the federal government will decrease after the first three years: in 2017, the federal government will pay 95 percent of the cost, and in 2020, the federal government will cover only 90 percent of the bill.4

After three years, the individual states participating in the Medicaid expansion may sustain costs from this extension. The federal government will not pay all bills for Medicaid enrollees who qualify for the program, but who haven’t registered. If individual states choose not to expand Medicaid coverage to their residents, this decision could lead to fewer people with access to care and more state residents subject to the ACA’s mandate requiring individuals to purchase health insurance or pay a tax, as opposed to being eligible for Medicaid under the new federal requirements.

Those states that refuse to comply with the Medicaid expansion would be in jeopardy of losing supplementary federal funding to cover the newly eligible Medicaid enrollees.5 It’s unknown how many states will participate in this Medicaid expansion, but 26 states have already challenged the expansion in court. These states fear that with so much attention around the ACA, Medicaid enrollment rates will increase drastically and bankrupt their budgets. If a state chooses not to expand Medicaid, residents of that particular state, with incomes from 133 percent to 400 percent of the poverty level, can attain federally funded private insurance through insurance exchanges. However, those individuals with incomes below that level wouldn’t qualify for assistance.

 

Endnotes

1.   National Federation of Independent Business v. Sebelius, No. 11–393 (June 28, 2012); Department of Health and Human Services et al. v. Florida et al., No. 11-398 (June 28, 2012);Florida et al. v. Department of Health and Human Services, et al.,No. 11-400 (June 28, 2012).

2.   “Health Care Reform and the Supreme Court (Affordable Care Act),” The New York Times (June 29, 2012) at p. 3.

3.      “Medicaid—Get Help Using Insurance,” www.healthcare.gov/using-insurance/low-cost-care/medicaid/#whatmed.

4.     Robert Pear, “Uncertainty Over States and Medicaid Expansion,” The New York Times (June 29, 2012) at p. 1.

5.     Provisions of the Affordable Care Act,www.medicaid.gov/AffordableCareAct/Provisions/Provisions.html.

 

 

 

 

About the Author

Bernard A. Krooks

Founding Partner, Littman Krooks LLP

Bernard A. Krooks is a founding partner of the law firm Littman Krooks LLP and Chair of its Elder Law and Special Needs Department. Mr. Krooks is a nationally-recognized expert in all aspectsof elder law and special needs planning. He is the President of the Board of Directors of the Arc of Westchester, the largest agency in Westchester County serving people with intellectual and developmental disabilities and their families.

 

Mr. Krooks is past President of the Special Needs Alliance, a national, invitation-only, not-forprofitorganization dedicated to assisting families with special needs planning. He is past President of the National Academy of Elder Law Attorneys (NAELA), a Fellow of NAELA, pastChair of the NAELA Tax Section and past Editor-in-Chief of the NAELA News . In addition, he is certified as an Elder Law Attorney (CELA) by the National Elder Law Foundation and is an Accredited Estate Planner (AEP). He is a founding member and past President of the New York Chapter of NAELA. In 2008, he received the Chapter’s Outstanding Achievement Award for his lifelong work on behalf of seniors and those with disabilities. In 2007, his firm received the NYSARC employer of the year award for employing people with disabilities. In 2011, his firm received the Family Friendly Employment Policy Award from the Westchester Women’s Bar Association. 

 

Mr. Krooks is past Chair of the Elder Law Section of the New York State Bar Association (NYSBA) and past Editor-in-Chief of the Elder Law Attorney , the newsletter of the NYSBA Elder Law Section. He also is a member of the Trusts and Estates Law Section and Tax Section of the NYSBA . Mr. Krooks co-authors (1) a chapter in the NYSBA  publication Guardianship Practice in New York State  entitled “Creative Advocacy in Guardianship Settings: Medicaid and Estate Planning, Including Transfer of Assets, Supplemental Needs Trusts & Protection of Disabled Family Members.”; and (2) the NYSBA  publication Elder Law, Special Needs Planning and Will Drafting . He is chair of the elder law committee of the editorial advisory board of Trusts & Estates Magazine, and serves on the editorial boards of Exceptional Parent Magazine, and Leimberg Information Services. 

 

Mr. Krooks, a sought-after expert on elder law, special needs planning and estate planning matters, has been quoted in The Wall Street Journal, The New York Times, Newsweek, Forbes, Investment News, Financial Times, Money Magazine, Smart Money, Worth Magazine, Kiplinger’s, Bloomberg, Consumer Reports, Wealth Manager, CBS Marketwatch.com, Lawyer’s Weekly USA, Reader’s Digest, Bottom Line, The Journal of Financial Planning, The New York Law Journal, The Daily News, New York Post and Newsday , among others. He has testified before the United States House of Representatives and the New York City Council on long-term care issues. He also has appeared on Good Morning America Now, National Public Radio, Sirius XM Radio, CNN, PBS, NBC, and CBS evening news, as well as numerous other cable television and radio shows.

 

Mr. Krooks is past President of the Estate Planning Council of Westchester, a member or the Advisory Board of the National Association of Estate Planning Councils Foundation, and the Hudson Valley Estate Planning Council. He also is Co-Chair of the Long Term Care, Medicaid, and Special Needs Trusts Committee of the Real Property, Probate & Trust Law Section and a member of the Tax Section of the American Bar Association; a member of the Bar of the Supreme Court of the United States, and a member of the American Institute of CPAs. Mr. Krooks also is a Fellow of the American College of Trust and Estate Counsel (ACTEC) and serves on its Elder Law Committee. He is an Adjunct Professor at NYU Center for Finance, Law & Taxation and is a member of the NYU Institute on Federal Taxation Advisory Board. Mr. Krooks has presented on a variety of elder law and special needs topics at the Heckerling Institute on Estate Planning, the premier estate planning conference in the country.

 

Mr. Krooks has served on the Board of Directors of the Alzheimer’s Association Westchester/Putnam Chapter and the Bioethics Advisory Committee of New York Hospital. He is a member of the Blythedale Children’s Hospital Planned Giving Professional Advisory Board, a member of the legal advisory committee of the Evelyn Frank Legal Resources Program of Selfhelp Community Services, Inc., and a board member of the Caregiver’s Insights Foundation. He is listed in the Best Lawyers in America, New York Super Lawyers, Who’s Who  in America, the New York Area’s Best Lawyers, New York Magazine and The New York Times , and the Top 25 Westchester, New York Super Lawyers.