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Views on the News

Posted in Views on the News | Jan 2012 | Comments (0)

Tags: medicaid

In this feature, we highlight recent news or trends that might significantly impact your future as orthopaedic surgeons. You are invited to share your thoughts with other readers by using the comment field, below.

From the Association of American Physicians and Surgeons, Inc.(AAPS)

Medicaid Expansion, Individual Mandate, & Entire PPACA Unconstitutional, Doctors Tell Supreme Court
A critical method that healthcare reform will use to decrease the number of the uninsured is to force States to expand Medicaid eligibility. The U.S. Supreme Court has specifically agreed to consider arguments about the constitutionality of the Medicaid Expansion Provisions (MXPs) in the case against the Affordable Care Act (ACA or “ObamaCare”) brought by Florida and 25 other States..

The government argues that MXPs aren’t really coercive but are simply a condition for continued receipt of Medicaid funding. States could simply withdraw from Medicaid and lose the entirety of their federal funding for indigent medical care—while their citizens continue to pay federal taxes to fund Medicaid in other States.

The Association of American Physicians and Surgeons (AAPS) argues in an amicus brief filed Jan 17 that such a Hobson’s choice is no choice at all. “Regardless of the choice each State makes, that State’s spending will increase.” The State’s taxpayers will be burdened to pay for the increase without an affirmative decision of its legislature and governor, but by federal fiat. Thus, the MXPs are “an assault on the sovereignty of the States and the rights of their citizens.”

Read the full press release here.

The AAPS brief on the Medicaid provisions is available at

The AAPS brief on severability is at

How might this affect you, your patients, your business?

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