The Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111–148, amended by Health Care and Education Reconciliation Act, Pub. L. No. 111–152, is commonly referred to as the Affordable Care Act.
2.
See Congressional Budget Office, Letter from Peter Elmendorf to Nancy Pelosi, March 18, 2010, available at <http://www.cbo.gov/ftpdocs/113xx/doc11355/hr4872.pdf> (last visited December 10, 2010). The estimates in the letter did not take into account some small effects from the subsequent passage of the Health Care and Education Reconciliation Act.
3.
See, SmithV., “Eliminating the Medicaid Asset Test for Families: A Review of State Experiences,”Kaiser Family Foundation, April 2001.
4.
SommersB. D., “Why Millions of Children Eligible for Medicaid and SCHIP Are Uninsured: Poor Retention Versus Poor Take-Up,”Health Affairs26 (2007): W560–w567, at w563–w566.
5.
KoganM. D., “Association between Underinsurance and Access to Care Among Children with Special Health Care Needs in the United States,”Pediatrics116 (2005): 1162–1169, at 1165–1167; WarrenE., “Bankrupt Children,”Minnesota Law Review86 (2002): 1003–1032, at 1020–1022.
6.
ACA, §2001(a)(2)(c); see, Letter from CMS State Medicaid Director, April 9, 2010, available at <https://www.cms.gov/smdl/downloads/SMD10005.pdf> (last visited December 10, 2010), specifying the services that states must cover in benchmark coverage. Those exempt from mandatory enrollment in a benchmark plan include people who qualify for Medicaid because of disability, the medically frail, those dually eligible for Medicare and Medicaid, certain low-income parents, pregnant women, women who qualify for Medicaid because of break or cervical cancer, children in foster care or receiving adoption assistance, the medically needy, and individuals receiving only emergency services; ACA, §2001(a)(2).
7.
42 C.F.R. § 440.330 (2010).
8.
ACA, §§ 1311 and 10104.
9.
ACA, §§ 1311(e)(1)(b) and 10104(f)(2).
10.
LongS. K.MasiP. B., “Access and Affordability: An Update on Health Reform in Massachusetts, Fall 2008,”Health Affairs28 (2009): W578–W587, at W582–583.
11.
SteinbrookR., “Easing the Shortage in Adult Primary Care - Is It All about Money?”New England Journal of Medicine360 (2009): 2696–2699, at 2698.
12.
MundingerM. O., “Primary Care Outcomes in Patients Treated by Nurse Practitioners or Physicians,”JAMA283 (2000): 59–68, at 66–68.
13.
DuekerM. J., “The Practice Boundaries of Advanced Practice Nurses: An Economic and Legal Analysis,”The Federal Reserve Bank of St. Louis, November 2005, available at <https://research.stlouisfed.org/wp/2005/2005–071.pdf> (last visited December 10, 2010); NolanL., “The Effects of State Dental Practice Laws Allowing Alternative Models of Preventive Oral Health Care Delivery to Low Income Children,”George Washington University Center for Health Services Research and Policy, January 17, 2003, available at <http://www.gwumc.edu/sphhs/departments/healthpolicy/chpr/downloads/Oral_Health.pdf> (last visited December 10, 2010).
14.
KaneR. L., Meeting the Challenge of Chronic Illness (Baltimore: Johns Hopkins University Press, 2005): at 46–61.
BenedictR. E., “Disparities in Use of and Unmet Need for Therapeutic and Supportive Services among School-Age Children with Functional Limitations: A Comparison Across Settings,”Health Services Research41 (2006): 103–124, at 118.
