UPDATE: The motion to file was granted, and on Nov. 19, NHeLP filed the
amicus brief on behalf of the American Academy of Pediatrics, APHA, and 18 other national and Florida-based organizations.
November 10, 2010 – Today, the National Health Law Program (NHeLP) submitted a motion on behalf of 22 prominent health provider and consumer organizations working nationally and in the state of Florida, requesting permission to file a “friend of the court” (amicus) brief in
Florida ex rel. McCollum v. U.S. Department of Health and Human Services. The case is one of the most prominent constitutional challenges to the recently enacted Affordable Care Act (ACA) health reform legislation. Among other things, the officials from Florida and other states argue that the ACA’s Medicaid expansion represents a radical and unconstitutional shift in the Medicaid program. The motion seeks to file a friend of the court brief that will place the ACA Medicaid provisions in context by providing a narrative history of the Medicaid Act, from the date of its enactment through the amendments made by the ACA.
“Challengers argue that the ACA makes an unprecedented expansion to the Medicaid program,” said Emily Spitzer, NHeLP’s Executive Director. “However, placed in context, it is clear that the ACA builds upon the well-accepted and well-understood structure of the Medicaid program. As have previous Medicaid amendments, the ACA provisions will reduce the number of uninsured people by offering them health insurance coverage and a gateway to high-quality health care.”
The Medicaid program is crucial to the constituencies served by the
amici. To access the motion, please
click here.
Full list of amici:American Academy of Pediatrics, AARP, American Public Health Association, Children's Dental Health Project, Families USA, Florida Advocacy Center for People with Disabilities, Florida Pediatric Society/Florida Chapter of the American Academy of Pediatrics, Florida Alliance for Retired Americans, Florida Community Health Action Information Network, Gray Panthers, Human Services Coalition of Dade County, Judge David L. Bazelon Center for Mental Health Law, National Alliance on Mental Illness, NAMI Florida, National Association of Community Health Centers, National Committee to Preserve Social Security and Medicare, National Disability Rights Network, National Health Law Program, National Partnership for Women and Families, Service Employees International Union Healthcare Florida Local 1991, Sargent Shriver National Center on Poverty Law, and Voices for America's Children