Author Archives: Tim Jost

04.08.10

Supreme Court qui tam case mooted by PPACA

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On March 30, 2010, the Supreme Court decided Graham County Soil and Water Conservation Dist. v. U.S. ex rel. Wilson, — S.Ct. —-, 2010 WL 1189557 (2010), holding that the public disclosure provisions of the qui tam section of the federal civil false claims act, 29 U.S.C. 3730(e)(4) barred qui tam relators from bringing an […]

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03.31.10

How Does the Health Reform Legislation Affect Self-Insured Plans?

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Analysis of the application of the Patient Protection and Affordable Care Act to self-insured plans must begin with section 1562 of the Act, which adds section 715 to ERISA and section 9815 to the Internal Revenue Code. These provisions state that all of the provisions of Part A of Title XXVII of the Public Health […]

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03.21.10

The Executive Order on Abortion

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Article II of the Constitution states that “the executive Power shall be vested in the President of the United States of America.” It further states that the President “shall take Care that the Laws be faithfully executed.” Presidents since Washington have often issued executive orders including for example the Emancipation Proclamation, President Truman’s order desegregating […]

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03.17.10

Deem and Pass

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The latest constitutional dust-up over health care reform concerns whether the dDeem-and-pass rule proposed by Congresswoman Slaughter for passing the Senate bill though the House is constitutional. The problem, for anyone who has not been following the health care reform battle minute by minute, is that a lot of House members hate the Senate bill […]

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03.16.10

Abortion in the Senate Bill

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In a document titled What’s Wrong with the Senate Health Care Bill on Abortion: A Response to Professor Jost, dated March 12, 2010, the United States Conference of Catholic Bishops respond to an earlier memorandum that I circulated demonstrating that the House and Senate bill are essentially equivalent on pro-life issues. On January 20, 2010, […]

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03.14.10

Martial Law

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There is a great deal of nonsense flying around the internet this weekend about the country being ruled by martial law because the House Rules Committee is considering adopting the Senate bill under a special rule that deems the Senate bill adopted rather than adopting it as such. The claim is that this would violate […]

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03.04.10

The House and Senate Bills on Abortion

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There are significant differences between the House and Senate bill, but the provisions governing abortion (Sec. 1303 of the Senate bill, pp. 2069-2078) are not among them. Both bills prohibit federal funding of abortions. The Senate bill, like the House bill, prohibits the use of premium affordability tax credits or cost-sharing reduction payments to pay […]

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02.24.10

Nullification, Round Three

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The Tennessee Senate passed on February 17 its version of a nullification bill. The “Tennessee Health Freedom Act” (Senate Bill 3498) declares: (c)(1) The power to require or regulate a person’s choice in the mode of securing health care services, or to impose a penalty related thereto, is not found in the Constitution of the […]

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02.23.10

The President’s Proposal

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On Monday, February 22, President Obama put forward a series of health reform proposals leading up to the February 25 bipartisan health care summit. These proposals can be found here. I describe the proposals at length at the Health Affairs blog. Of particular legal interest are the proposals provisions for health care fraud and abuse […]

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02.12.10

Could Health Reform Create “A Litigation Explosion”?

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Nothing apparently excites the readers of the Wall Street Journal more than a threatened “litigation explosion.” Perhaps this is because so many of their readers are lawyers. It was only a matter of time, therefore, before they published an opinion column ominously titled, “Health-Care Reform Could Create a Litigation Explosion.” (See the February 11 issue, […]

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The views reflected in this blog are those of the individual authors and do not necessarily represent those of the O’Neill Institute for National and Global Health Law or Georgetown University. This blog is solely informational in nature, and not intended as a substitute for competent legal advice from a licensed and retained attorney in your state or country.

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