Tag Archives: state

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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11.02.09

HR 3962, ERISA, HIPAA, McCarran-Ferguson, and State Law. How Does the Puzzle Fit Together?

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Congress is not writing on a clean slate in enacting health care financing reform legislation. We already have, of course, massive federal health care programs: Medicare, Medicaid, and the Children’s Health Insurance Program (CHIP). Hundreds of pages of the bills Congress is considering are consumed by amendments to the statutes governing these programs. The legislation […]

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10.23.09

Constitutional Limits on Insurance Regulation

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The following is part of a longer paper addressing legal and policy issues raised by health insurance exchanges, which will be presented at the O’Neill Center’s Legal Issues in Health Reform symposium on Monday, October 26. The health reform legislation pending in Congress would dramatically expand federal regulation of health insurance. Indeed, in most states […]

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10.05.09

Professor Clark Havighurst Responds to Proposal Amending Health Insurance Antitrust Laws

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Recently, Members of Congress have introduced legislation to change the antitrust laws as they relate to health insurance. (See: Modern Healthcare of September 18; free registration is required to view). Some have discussed including such legislation as part of comprehensive health reform. Clark Havighurst of Duke University Law School is the godfather of the field […]

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09.30.09

Civil War Redux

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As Tim Jost well explains, the principle of Federal Supremacy is so well settled that the threat by some state governors or legislators to bar their citizens from complying with federal health care reform is overt legal defiance, or a form of civil disobedience if you will. Civil disobedience might be justified in some circumstances, […]

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09.27.09

Proposed Health Reform Legislation Raises (but does not resolve) Important Procedural Issues

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In our last post we demonstrated that Congress has the authority under Article I of the Constitution to adopt all of the health reform proposals it is currently considering seriously (or at least that the current Supreme Court would uphold the authority of Congress to do so). This does not mean, however, that Congress is […]

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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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