AAOMS Responds to the US Supreme Court Decision on the ACA

June 28th, 2012

Dear Colleagues:

Today the US Supreme Court upheld, by a vote of 5-4, the health reform law, the Affordable Care Act (ACA), as constitutional. In its decision, however, the Supreme Court ruled that it would be unconstitutional for the federal government to withhold existing Medicaid funds from states that opt out of the Medicaid expansion included in the ACA. The Association's opposition to the ACA was based on the law's inadequacy in areas such as:

  • Anti-trust reform
  • Medicare reimbursement reform;
  • Medical liability reform;
  • Restrictions on patient-driven savings options, such as flexible spending accounts (FSAs) and health savings accounts (HSAs); and the
  • Creation of an excise tax on medical devices.

The Supreme Court's decision places the ball now largely back in Congress' court to determine any future changes to the health reform law. As federal lawmakers move forward, the AAOMS will maintain contact with political allies, congressional leaders and appropriate regulatory agencies tasked with implementing the ACA, while continuing to strive for reform or repeal of those provisions of the law that adversely impact the specialty and our patients.


Arthur C. Jee, DMD