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03.14.10

Martial Law

By Tim Jost

There is a great deal of nonsense flying around the internet this weekend about the country being ruled by martial law because the House Rules Committee is considering adopting the Senate bill under a special rule that deems the Senate bill adopted rather than adopting it as such. The claim is that this would violate […]

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03.12.10

The Need for Health Care Regulatory Reform

By Peter Jacobson

The current health care regulatory system is a mess. Whatever its stated objectives, there is little evidence that it improves quality of care, provides cost-effective benefits to the public, or is a rational way of monitoring health care delivery. With the prospect of enacting significant reforms of the health insurance system and providing access for […]

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03.04.10

The House and Senate Bills on Abortion

By Tim Jost

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 […]

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02.24.10

Nullification, Round Three

By Tim Jost

The Tennessee Senate passed on February 17 its version of a nullification bill. The “Tennessee Health Freedom Act” (Senate Bill 3498) declares: (c)(1) The power to require or regulate a person’s choice in the mode of securing health care services, or to impose a penalty related thereto, is not found in the Constitution of the […]

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02.23.10

The President’s Proposal

By Tim Jost

On Monday, February 22, President Obama put forward a series of health reform proposals leading up to the February 25 bipartisan health care summit. These proposals can be found here. I describe the proposals at length at the Health Affairs blog. Of particular legal interest are the proposals provisions for health care fraud and abuse […]

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02.13.10

Who Killed Health Care Reform? The 2009-2010 Version

By Peter Jacobson

Several years ago, I wrote a satirical article called “Who Killed Managed Care: A Policy Whodunit.” I identified the usual suspects, insurers, anti-managed care advocates, physicians, attorneys, etc., and concluded that the cause of managed care’s demise was self-immolation. Sadly, since I’m a strong proponent of serious health care reform, it looks increasingly as though […]

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02.12.10

Could Health Reform Create “A Litigation Explosion”?

By Tim Jost

Nothing apparently excites the readers of the Wall Street Journal more than a threatened “litigation explosion.” Perhaps this is because so many of their readers are lawyers. It was only a matter of time, therefore, before they published an opinion column ominously titled, “Health-Care Reform Could Create a Litigation Explosion.” (See the February 11 issue, […]

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02.11.10

More on Nullification

By Tim Jost

I have posted several times in recent weeks on the state nullification issue. I have a Perspectives article up on the New England Journal website, posted February 10, further exploring the political as well as the legal issues raised by nullification. See

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02.02.10

Another Shot at Fort Sumpter

By Tim Jost

The Virginia Senate passed a bill yesterday by a vote of 23 to 17, with five Democrats joining the chambers 18 Republicans, stating: “No resident of this Commonwealth, regardless of whether he has or is eligible for health insurance under any policy or program provided by and through his employer, or a plan sponsored by […]

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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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