Author Archives: Tim Jost

02.11.10

More on Nullification

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I have posted several times in recent weeks on the state nullification issue. I have a Perspectives article up on the New England Journal website, posted February 10, further exploring the political as well as the legal issues raised by nullification. See http://healthcarereform.nejm.org/?p=2967&query=home

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02.02.10

Another Shot at Fort Sumpter

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The Virginia Senate passed a bill yesterday by a vote of 23 to 17, with five Democrats joining the chambers 18 Republicans, stating: “No resident of this Commonwealth, regardless of whether he has or is eligible for health insurance under any policy or program provided by and through his employer, or a plan sponsored by […]

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01.26.10

How to Finish up Health Care Reform: There is Only One Way

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The way forward for health care reform at this moment seems rather murky, indeed, one might say grim. Both the House and the Senate had adopted reform legislation prior to Christmas and the game plan going into January was to try to work out an informal agreement between House and Senate leadership that could be […]

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01.20.10

Enact the Senate Bill, but Demand National Health Care Reform Implementation

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One of the most important differences between the current House and Senate health reform bills is their approaches to the enforcement of the insurance reform provisions of the bill and to implementation of the health insurance exchanges. Briefly, the House bill would create a new federal agency, the Health Choices Administration, to enforce the insurance […]

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01.13.10

Making the Exchange Work for Employers

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On January 10, I posted a discussion of why the exchanges as created by the House and Senate bills are unlikely to work for employers. These problems could be fixed by: 1) Allowing the exchanges to calculate the employer’s share of the premium for providing the actuarial value level of insurance coverage and percentage of […]

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01.10.10

Why Employers are Unlikely to Use the Exchanges to Purchase Insurance for their Employees

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Under both the House and Senate bills, employers are permitted to purchase health insurance for their employees through the exchange. The exchange has been seen as having real potential for helping small employers. The CBO estimated that 9 million employees of small employers would get coverage through the exchange under the House bill and five […]

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01.03.10

Confiscatory Insurance Regulation, Further Thoughts

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Mark’s response to Richard Epstein’s observations on the constitutionality of the Senate bill certainly does the job, but I will add a few notes. First, although Epstein’s article is much more attentive to the actual details of the law than is much of Epstein’s writing on health care topics, he is selectively attentive, as Mark […]

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12.28.09

Does the “Cornhusker Kickback” Unconstitutionally Preference Nebraska Seaports?

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As health care reform lurches towards enactment, yet another argument against the constitutionality of the proposed legislation has arisen, this one even more farfetched than the ones that preceded it. This argument is that the provision in the Senate bill that funds Medicaid expansion indefinitely in Nebraska with 100 percent federal money after 2016 when […]

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12.21.09

Legal Issues in the Senate Manager’s Amendment

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I reported over the weekend on one legal issue raised by the Senate manager’s amendment–an important clarification of the public disclosure and original source provisions of the civil false claims act. This post will address the constitutionality of the abortion provisions in the amendment and mention four other legal issues raised by the additions the […]

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12.19.09

Health Care Reform and Qui Tam Litigation

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One of the more surprising provisions of the manager’s amendment to the Senate Patient Protection and Affordable Care Act is an amendment to the “original source” requirement of the qui tam provisions of the Civil False Claims Act. The amendment is particularly surprising since it is stuck in the middle of Title I, the insurance […]

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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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