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Rachel Sachs, "Health Care Sharing Ministries and the Purposes of the Affordable Care Act"

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Religion and medicine have historically gone hand in hand, but increasingly have come into conflict in the U.S. as health care has become both more secular and more heavily regulated. Law has a dual role here, simultaneously generating conflict between religion and health care, for example through new coverage mandates or legally permissible medical interventions that violate religious norms, while also acting as a tool for religious accommodation and protection of conscience.

This conference identified the various ways in which law intersects with religion and health care in the United States, examined the role of law in creating or mediating conflict between religion and health care, and explored potential legal solutions to allow religion and health care to simultaneously flourish in a culturally diverse nation.

Published in: Healthcare
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Rachel Sachs, "Health Care Sharing Ministries and the Purposes of the Affordable Care Act"

  1. 1. Presented by: Health Care Sharing Ministries and the Purposes of the Affordable Care Act Rachel Sachs Academic Fellow, Harvard Law School
  2. 2. Overview I.  What are Health Care Sharing Ministries? II.  In light of the disparate health insurance goals embodied in the ACA, how should we think about the structure of Health Care Sharing Ministries? III.  Health Care Sharing Ministries as a natural experiment. July 13, 20172
  3. 3. What are Health Care Sharing Ministries? “The term “health care sharing ministry” means an organization— (I) which is described in section 501(c)(3) and is exempt from taxation under section 501(a), (II) members of which share a common set of ethical or religious beliefs and share medical expenses among members in accordance with those beliefs and without regard to the State in which a member resides or is employed, (III) members of which retain membership even after they develop a medical condition, (IV) which ... has been in existence at all times since December 31, 1999, and medical expenses of its members have been shared continuously and without interruption since at least December 31, 1999, and (V) which conducts an annual audit which is performed by an independent certified public accounting firm ... and which is made available to the public upon request.” 26 U.S.C.A. § 5000A(d)(2)(B) July 13, 20173
  4. 4. Operations: Membership July 13, 20174
  5. 5. Operations: Sharing July 13, 20175
  6. 6. Characterizing the Purposes of the ACA (I) Social Solidarity Actuarial Fairness July 13, 20176
  7. 7. Social Solidarity Actuarial Fairness Replicating the ACA’s Balance (I) July 13, 20177
  8. 8. Characterizing the Purposes of the ACA (II) July 13, 20178 Allison K. Hoffman, Three Models of Health Insurance: The Conceptual Pluralism of the Patient Protection and Affordable Care Act, 159 U. PA. L. REV. 1873 (2011).
  9. 9. Altering the ACA’s Balance (II) July 13, 20179 Allison K. Hoffman, Three Models of Health Insurance: The Conceptual Pluralism of the Patient Protection and Affordable Care Act, 159 U. PA. L. REV. 1873 (2011).
  10. 10. Questions? July 13, 201710

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