Category Archives: Legal Issues

11.24.09

Senate Bill’s Interstate Commerce Findings

By | Leave a Comment

Here is a link to the Senate’s health care bill.  Perusing some of its 2000 pages, I came across the following, SEC. 1501 (p. 320), which should put to rest any argument that an individual mandate exceeds Congress’ powers under the Commerce Clause: Congress makes the following findings: In GENERAL.—The individual responsibility requirement provided for in […]

Posted in Legal Issues ; Tagged: , , , , .

11.23.09

The Confusing Insurance Categories in the Senate Bill

By | Leave a Comment

Another feature of the Senate bill that compares unfavorably with the House bill is its confusing definitions of insurance coverage. The House bill recognizes one category of private insurance, a “qualified health benefits plan,” which employers are obligated to provide and individuals to buy. This term is used throughout the bill. Only grandfathered plans are […]

Posted in Legal Issues ; Tagged: , , , , , , .

11.23.09

The Senate Bill and the States

By | Leave a Comment

In my post of November 16, Returning to the Articles of Confederation, I compared the position that I expected the Senate bill to take on the role of the states in implementing health reform unfavorably to the approach taken by the House bill. The language of the Senate bill is now available, and, unfortunately, it […]

Posted in Legal Issues ; Tagged: , , , , , , , , .

11.19.09

Federalism and Health Insurance Regulation

By | Leave a Comment

Responding to Tim’s excellent post on the states’ role in implementing health insurance reform, here are my thoughts about lessons to draw from the experience with HIPAA’s insurance regulation provisions.

Posted in Legal Issues ;

11.18.09

Does HR 3962 Make Being Uninsured a Crime?

By | Leave a Comment

According to the Wall Street Journal of November 18, the latest front of the health care debate is a charge that people who refuse to buy health insurance could, under the House bill, spend five years in prison. The article quotes Rep. Peter Roskam (R. Ill.) as stating “if you don’t comply with the individual […]

Posted in Legal Issues ; Tagged: , , , , , .

11.17.09

ERISA Tort Preemption and HR 3962, Take Four

By | Leave a Comment

In recent days, Mark Hall, Richard Johnson, and Peter Jacobson have all offered opinions as to how HR 3962, if enacted, would affect ERISA preemption of state tort claims against insurers. Let me offer a fourth opinion. First, remember that ERISA tort liability preemption is based primarily on section 502 of ERISA (29 USC 1132). […]

Posted in Legal Issues ; Tagged: , , , , , , , , , , .

11.17.09

Reform’s Hidden Hazards? An Interview with Karen Pollitz

By | Leave a Comment

Karen Pollitz is a research professor at the Georgetown University Health Policy Institute. The O’Neill Institute’s Lester Feder spoke with her on November 16 about potential loopholes in reform legislation. Lester Feder: I want to start by asking what you think of the reform proposals that have emerged. Karen Pollitz: I think we’ve got a […]

Posted in Interview, Legal Issues ; Tagged: , , , , , , .

11.16.09

Returning to the Articles of Confederation?

By | Leave a Comment

A week ago the House of Representatives adopted HR 3962, the “Affordable Health Care for America Act.” In the very near future, the Senate will begin consideration of some version of the “America’s Healthy Future Act” or the “Affordable Health Choices Act.” Although we do not know the exact language of the Senate bill, its […]

Posted in Legal Issues ; Tagged: , , , , , , , , , , .

11.15.09

ERISA Preemption Redux

By | Leave a Comment

In a recent post, Mark Hall raises an interesting issue regarding ERISA preemption and the proposal in HR 3962, the recently enacted House of Representatives’ health reform bill. Mark suggests that: “1) for insurance sold outside of the exchange, ERISA law and its preemption remains the same; 2) for insurance sold inside the exchange, ERISA […]

Posted in Legal Issues ; Tagged: , , , , , .

11.10.09

Drug & Device Provisions in HR 3962

By | Leave a Comment

Kevin Outterson, Boston University Law The following is a summary of the drug & device provisions in HR 3962, as passed by the House on Saturday, Nov. 7. Winners: PhRMA; BIO; seniors in the donut hole; transparency PhRMA & BIO escape with minimal net financial costs; on balance the bill might be revenue positive for […]

Posted in Legal Issues ; Tagged: , , , , .

Stay Informed

Signup for our mailing list and stay up to date on the latest happenings at The O’Neill Institute

Or sign up for our RSS Feed

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.

See the full disclaimer and terms of use.