Category Archives: Legal Issues

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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01.13.10

Making the Exchange Work for Employers

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On January 10, I posted a discussion of why the exchanges as created by the House and Senate bills are unlikely to work for employers. These problems could be fixed by: 1) Allowing the exchanges to calculate the employer’s share of the premium for providing the actuarial value level of insurance coverage and percentage of […]

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01.11.10

Talking Equity: An Interview with Brian Smedley

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Brian Smedley is vice president and director of the Health Policy Institute at the Joint Center for Political and Economic Studies. The O’Neill Institute’s Lester Feder spoke with him about health reform and disparities in health-care access. Lester Feder: I wanted to start by asking you what you generally think of the health reform legislation […]

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01.10.10

Why Employers are Unlikely to Use the Exchanges to Purchase Insurance for their Employees

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Under both the House and Senate bills, employers are permitted to purchase health insurance for their employees through the exchange. The exchange has been seen as having real potential for helping small employers. The CBO estimated that 9 million employees of small employers would get coverage through the exchange under the House bill and five […]

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01.04.10

Covering the Chronically Ill: An Interview with John V. Jacobi

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John V. Jacobi is Dorothea Dix Professor of Health Law and Policy at the Seton Hall University School of Law. The O’Neill Institute’s Lester Feder spoke with him about health reform and covering those with chronic illness. Lester Feder: Generally speaking, what do you think of what it is looking like we’re going to get […]

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01.03.10

Confiscatory Insurance Regulation, Further Thoughts

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Mark’s response to Richard Epstein’s observations on the constitutionality of the Senate bill certainly does the job, but I will add a few notes. First, although Epstein’s article is much more attentive to the actual details of the law than is much of Epstein’s writing on health care topics, he is selectively attentive, as Mark […]

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01.02.10

Confiscatory Insurance Regulation: Yet Another Constitutional Attack, Rebutted

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The formidable Richard Epstein has launched the latest attack on the constitutionality of health care reform.  He argues that minimum medical loss ratios coupled with tougher insurance standards are “confiscatory” rate regulation that vioate the Takings Clause or substantive due process.   As with other right-wing constitutional attacks, he suggests this conclusion is firmly based in […]

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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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12.28.09

Does the “Cornhusker Kickback” Unconstitutionally Preference Nebraska Seaports?

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As health care reform lurches towards enactment, yet another argument against the constitutionality of the proposed legislation has arisen, this one even more farfetched than the ones that preceded it. This argument is that the provision in the Senate bill that funds Medicaid expansion indefinitely in Nebraska with 100 percent federal money after 2016 when […]

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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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