Fierce Healthcare sought input from Smith Anderson’s Robert Shaw on how the Supreme Court’s Affordable Care Act (ACA) pending case could impact value-based care programs. In the article “How the SCOTUS pick could threaten value-based care,” health care industry professionals nationwide weighed in on several key provisions in the ACA that helped with the transition from Medicare fee-for-service to value-based care, including Robert’s insight as a health care and value-based care attorney.
As background, the law gave authority to the Center for Medicare and Medicaid Innovation (CMMI) to fund different payment models, and it created the Medicare Shared Savings Program (MSSP), which oversees accountable care organizations. The article considers whether the court will invalidate the entire law, the parts linked to the repealed individual mandate to purchase health insurance, such as the tax credits and preexisting condition protections, or leave the ACA largely intact.
“I do believe that value-based care, CMMI and the MSSP are really so different from the issues around the individual mandate that anything short of 100% invalidation of the ACA would not reach those provisions,” said Robert.
He added that an invalidation of the entire law appears unlikely, even if Coney Barrett is confirmed in time to hear the case.
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