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Category Archives: Legal Issues

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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02.01.10

Everything Relates to Everything Else: An Interview with Sara Rosenbaum

By Lester Feder

Sara Rosenbaum is Chair of the Department of Health Policy and Harold and Jane Hirsh Professor of Health Law and Policy. The O’Neill Institute’s Lester Feder spoke with her about the way forward after Republican Scott Brown’s election to represent Massachusetts in the US Senate. Lester Feder:  What are the options that Congress has right […]

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01.26.10

Republican Reconciliation Strategy “Patently Absurd,” Former Parliamentarian Says

By Lester Feder

Around the time that I was posting my interview with former Senate Parliamentarian Robert Dove, Greg Sargent reported that Republican senators were planning to stall any attempt at passing health reform through reconciliation with a “free for all of amendments.” Citing a “senior GOP aide,” Sargent writes: He said the leadership — Senators Mitch McConnell, […]

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01.26.10

Reconciling Reconciliation: An Interview with Robert Dove

By Lester Feder

Robert Dove served as Senate parliamentarian until 2001. The O’Neill Institute’s Lester Feder spoke with him about the reconciliation process and its implications for health reform. Robert Dove: First of all, reconciliation was never designed for something like health care. It’s the reason that it wasn’t used on the original Clinton health-care bill. It’s designed […]

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01.26.10

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

By Tim Jost

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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The views reflected in this expert column 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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