Tag Archives: reform

01.26.10

How to Finish up Health Care Reform: There is Only One Way

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The way forward for health care reform at this moment seems rather murky, indeed, one might say grim. Both the House and the Senate had adopted reform legislation prior to Christmas and the game plan going into January was to try to work out an informal agreement between House and Senate leadership that could be […]

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01.22.10

Health Reform in Peril

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As a tenured professor, it is easy to take potshots at politicians for their failure to enact health insurance reform legislation. After all, I don’t face angry voters and the need to raise copious amounts of money just to be competitive (the latter made even more treacherous after yesterday’s Supreme Court ruling on campaign finance). […]

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01.21.10

Congressional Power to Regulate Inactivity

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[T]here’s pretty much nothing that Congress can’t do and that’s the end of the enumerated power scheme . . . if the Supreme Court were to uphold the Constitutionality of the individual mandate.  So says Randy Barnett in an interview on NPR’s Morning Edition earlier this week, in which he reprised his Heritage Foundation argument. […]

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01.20.10

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

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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 […]

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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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12.26.09

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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12.09.09

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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11.23.09

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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11.16.09

Returning to the Articles of Confederation?

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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 […]

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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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