Tag Archives: exchanges

03.26.10

Are The Attorneys General’s Constitutional Claims Bogus?

By | Leave a Comment

Immediately after passage of health care reform, over a dozen state A.G.s sued to declare it unconstitutional, as violating states’ rights.  The Florida complaint is here, and Virginia’s here. Reminiscent of southern governors in the 1960s blocking their state universities’ gates, these legal officers in effect are saying “not on our sovereign soil.”  Since the […]

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

03.04.10

The House and Senate Bills on Abortion

By | Leave a Comment

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 […]

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

01.20.10

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

By | Leave a Comment

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 […]

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

10.29.09

Connector Conundrums: An Interview With Jamie Katz

By | Leave a Comment

Jamie Katz is general counsel to the Massachusetts Connector. The O’Neill Institute’s Lester Feder spoke with him on October 23rd about lessons Massachusetts’ exchange offers for national health reform legislation. Lester Feder: One of the questions for federal lawmakers is how much authority they give to the exchange or exchanges. Has that been challenged in […]

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

10.24.09

More Legal Issues Raised by Health Insurance Exchange Legislation

By | Leave a Comment

The following is part of a memorandum on legal and policy issues raised by health insurance exchanges, which will be presented at the O’Neill Center’s Legal Issues in Health Care Reform conference on Monday, October 26. The full paper from which it is taken is available here. In my last post, I discussed the constitutional […]

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

10.14.09

More on Takings

By | Leave a Comment

The individual mandate is not the only provision of the proposed health care reform legislation to raise takings clause issues. All of the bills currently marked up by the jurisdictional House and Senate committees include provision for the establishment of “exchanges” (called “gateways” in the Senate Health, Education, Labor, and Pensions (HELP) Committee bill), which […]

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.