The states argued that, “while the [PPACA] purports to leave States’ participation in Medicaid nominally voluntary, multiple aspects of the Act evince Congress’ keen awareness that, in fact, no State will be able to reject its new terms and withdraw from the program. Most obviously, the [PPACA’s] individual mandate requires Medicaid-eligible individuals to obtain and maintain insurance.”
The brief went on to say that the individual mandate, like the Medicaid expansion, does not provide an alternative for individuals who want to obtain health insurance by other means.
The states’ arguments against Medicaid will be heard when the Supreme Court hears the entire case in March.
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