01.11.10

Talking Equity: An Interview with Brian Smedley

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Brian Smedley is vice president and director of the Health Policy Institute at the Joint Center for Political and Economic Studies. The O’Neill Institute’s Lester Feder spoke with him about health reform and disparities in health-care access. Lester Feder: I wanted to start by asking you what you generally think of the health reform legislation […]

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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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01.04.10

Covering the Chronically Ill: An Interview with John V. Jacobi

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John V. Jacobi is Dorothea Dix Professor of Health Law and Policy at the Seton Hall University School of Law. The O’Neill Institute’s Lester Feder spoke with him about health reform and covering those with chronic illness. Lester Feder: Generally speaking, what do you think of what it is looking like we’re going to get […]

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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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01.02.10

Confiscatory Insurance Regulation: Yet Another Constitutional Attack, Rebutted

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The formidable Richard Epstein has launched the latest attack on the constitutionality of health care reform.  He argues that minimum medical loss ratios coupled with tougher insurance standards are “confiscatory” rate regulation that vioate the Takings Clause or substantive due process.   As with other right-wing constitutional attacks, he suggests this conclusion is firmly based in […]

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12.30.09

Public Health and Health Reform: A Preliminary Scorecard

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In this post, I offer my sense of how the House and Senate health reform bills compare on their public health provisions. Before submitting my scorecard so far, there are some programs/details not covered in my earlier posts (16 and 26 December) that should be mentioned. Clinics Federally Qualified Health Centers (FQHCs). Both bills would […]

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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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12.26.09

Public Health and Health Reform: Comparing the House and Senate BIlls

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In my last post (16 December 2009), I discussed the public health provisions in the Senate’s health reform legislation. Now that the Senate has enacted its bill, the two versions must be reconciled in conference. Most of the prevention and wellness provisions would achieve similar objectives, though the Senate version is more comprehensive. But there […]

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12.23.09

An Interview with Sheila Burke

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Sheila Burke was chief of staff to former Senator Robert Dole (R-KS), the Republican leader during the Clinton health reform effort. The O’Neill Institute’s Lester Feder spoke with her about what makes this time around different. Lester Feder: Compared to your experience in the ’90s, what do you make of the health reform process so […]

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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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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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