Tag Archives: health

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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12.16.09

Public Health Provisions in the Health Reform Legislation

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With the sturm und drang over the public option, extension of Medicare to those between 55 and 64, abortion coverage, cost controls, etc., in the Patient Protection and Affordable Care Act, H.B. 3590, there has been scant attention to the Act’s public health provisions. In this post, I’ll take a preliminary look what the Act […]

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12.14.09

The Amended Title XXVII of the Public Health Service Act (really wonky stuff)

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The Senate bill enacts its health insurance reforms primarily by amending Part A of Title XXVII of the Public Health Service Act. Conforming amendments in section 1562 apply Part A to ERISA plans (except for sections 2716 and 2718 and others that don’t apply to group health plans), and to insurers in the individual market. […]

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12.10.09

Transparency and Disclosure: Reform Bill Provisions

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Transparency and disclosure are vital, although largely ignored, issues in health care reform. Health care is the most expensive thing that we as a nation consume, and one of the most dangerous. We spend over 17% of our national income on health care. Far more Americans die each year from medical errors than from auto […]

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12.09.09

Health Courts: The Latest Fad or the Answer to Medical Liability Reform?

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When I discuss tort reform in my health law class, I usually start with the following: if tort reform is the answer, what is the question? As I suggested in an earlier post, there’s little agreement on which tort reform policy measures to implement. Despite some excellent recent empirical scholarship from Professors Hyman, Black, Silver, […]

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11.27.09

Federalism and Health Reform

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For academics, federalism (the enduring tension between the states and the federal government for primary in formulating and implementing policy) is an endlessly fascinating source of debate and the focal point for constitutional analysis. But federalism is far more than an academic or intellectual exercise. Which level of government takes responsibility for a given issue […]

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11.24.09

Senate Bill’s Interstate Commerce Findings

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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 […]

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11.23.09

The Confusing Insurance Categories in the Senate Bill

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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 […]

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11.23.09

The Senate Bill and the States

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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 […]

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11.18.09

Does HR 3962 Make Being Uninsured a Crime?

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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 […]

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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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