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DePaul Law Review

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affordable care act, denial of health benefits, discrimination


Health Law and Policy | Law


The passage of the ACA is a source of great pride for President Barack Obama's Administration, and the President undoubtedly hopes that the ACA will be his greatest legacy. 285 As a result, it is difficult to understand why, under his administration, HHS has relinquished its rulemaking authority to the states regarding the core guarantees of the Act. For the individuals living in states in which promised essential health benefits have not yet become a reality, HHS has offered a glimmer of hope. In 2012, the agency released a bulletin stating that it would "revisit" its approach of allowing states to define required insurance benefits for the 2016 plan year.286 Whether HHS will follow through on this assurance remains uncertain-so far, there are no signs of HHS making any changes, even though 2016 has arrived. What is certain is that until the agency follows through on this assurance, many of the ACA's core promises will remain unfulfilled.



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