Affordable Care Act – Unintended Effects

Solicitor General Donald Verrilli said expanding health coverage as prescribed by the Patient Protection and Affordable Care Act (PPACA), would extend the “blessings of liberty” to individuals or families decimated by illness. There will be, he said, “millions of people” who will no longer have to worry.

A final, opposing statement was made by Paul Clement, representing 26 Republican-led states.  He said that is a “funny conception of liberty” that forces people to buy an insurance policy whether they want it or not. He added that the health law’s expansion of Medicaid is a “direct threat” to our federalism.

Mr. Clement referred to a component of PPACA mandates by the Democratic led administration that may have an unexpected effect.  The Supreme Court asked, when considering the expansion of Medicare by telling States that opt out that they would lose funding, whether Medicare was Constitutional. This would be a shift in SCOTUS that has prevailed since the New Deal.


Michael F. Arrigo

Michael is Managing Partner & CEO of No World Borders, a leading healthcare management and IT consulting firm. He serves as an expert witness in Federal and State Court and was recently ruled as an expert by a 9th Circuit Federal Judge. He serves as a patent expert witness on intellectual property disputes, both as a Technical Expert and a Damages expert. He leads a team that provides Cybersecurity best practices for healthcare clients, ICD-10 Consulting, Meaningful Use of Electronic Health Records. He advises legal teams as an expert witness in HIPAA Privacy and Security, medical coding and billing and usual and customary cost of care, the Affordable Care Act and benefits enrollment, white collar crime, False Claims Act, Anti-Kickback, Stark Law, Insurance Fraud, payor-provider disputes, and consults to venture capital and private equity firms on mHealth, Cloud Computing in Healthcare, and Software as a Service. He advises self-insured employers on cost of care and regulations. Arrigo was recently retained by the U.S. Department of Justice (DOJ) regarding a significant false claims act investigation. He has provided opinions on over $1 billion in health care claims and due diligence on over $8 billion in healthcare mergers and acquisitions. Education: UC Irvine - Economics and Computer Science, University of Southern California - Business, studies at Stanford Medical School - Biomedical Informatics, studies at Harvard Medical School - Bioethics. Trained in over 10 medical specialties in medical billing and coding. Trained by U.S. Patent and Trademark Office (USPTO) and PTAB Judges on patent statutes, rules and case law (as a non-attorney to better advise clients on Technical and Damages aspects of patent construction and claims). Mr. Arrigo has been quoted in the Wall Street Journal, New York Times, and National Public Radio.

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