03.12.10

The Need for Health Care Regulatory Reform

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The current health care regulatory system is a mess. Whatever its stated objectives, there is little evidence that it improves quality of care, provides cost-effective benefits to the public, or is a rational way of monitoring health care delivery. With the prospect of enacting significant reforms of the health insurance system and providing access for […]

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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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03.04.10

Obama’s Concessions

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In previous posts, I have directed most of my ire about the failure to enact health insurance reform legislation at the democrats. After all, they have a commanding majority and should be held accountable for the failure to enact their legislative agenda. But it’s time to redress the imbalance and at least note that the […]

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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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02.13.10

Who Killed Health Care Reform? The 2009-2010 Version

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Several years ago, I wrote a satirical article called “Who Killed Managed Care: A Policy Whodunit.” I identified the usual suspects, insurers, anti-managed care advocates, physicians, attorneys, etc., and concluded that the cause of managed care’s demise was self-immolation. Sadly, since I’m a strong proponent of serious health care reform, it looks increasingly as though […]

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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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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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02.01.10

Everything Relates to Everything Else: An Interview with Sara Rosenbaum

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Sara Rosenbaum is Chair of the Department of Health Policy and Harold and Jane Hirsh Professor of Health Law and Policy. The O’Neill Institute’s Lester Feder spoke with her about the way forward after Republican Scott Brown’s election to represent Massachusetts in the US Senate. Lester Feder:  What are the options that Congress has right […]

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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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