Initially, the Obama administration has asked the Supreme Court not to take the case reports Politico . But now it will go to the Supreme Court, the Obama administration filed an amicus is a concern.
Solicitor General Neal Katyal filed a brief stating that health care providers and Medicaid patients can not sue California or another state, on changes to Medicaid.
Why is this so surprising position?
reform health care adds 16 million people to Medicaid over the next three years. Not only will more people be on Medicaid, but states will have to implement many provisions of the reform. States are allowed to make cuts in their Medicaid programs, but must get approval from the federal government. If the cuts are not aligned with the laws or requirements of the reform, the federal government can threaten to cut funding. But other than that, this brief will not provide much power to Medicaid beneficiaries or the federal government to ensure that the benefits of reform are planned.
In other words, this brief could "undermine" the benefits of the reform of health care.
However, if the federal government did not take this position, any supplier or Medicaid recipient would be allowed to continue on state benefits or reductions in Medicaid. These lawsuits could significantly increase the cost of Medicaid.
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