Category Archives: Legal Issues

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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12.23.09

An Interview with Sheila Burke

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Sheila Burke was chief of staff to former Senator Robert Dole (R-KS), the Republican leader during the Clinton health reform effort. The O’Neill Institute’s Lester Feder spoke with her about what makes this time around different. Lester Feder: Compared to your experience in the ’90s, what do you make of the health reform process so […]

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12.21.09

Legal Issues in the Senate Manager’s Amendment

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I reported over the weekend on one legal issue raised by the Senate manager’s amendment–an important clarification of the public disclosure and original source provisions of the civil false claims act. This post will address the constitutionality of the abortion provisions in the amendment and mention four other legal issues raised by the additions the […]

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12.19.09

Health Care Reform and Qui Tam Litigation

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One of the more surprising provisions of the manager’s amendment to the Senate Patient Protection and Affordable Care Act is an amendment to the “original source” requirement of the qui tam provisions of the Civil False Claims Act. The amendment is particularly surprising since it is stuck in the middle of Title I, the insurance […]

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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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12.14.09

The Amended Title XXVII of the Public Health Service Act (really wonky stuff)

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The Senate bill enacts its health insurance reforms primarily by amending Part A of Title XXVII of the Public Health Service Act. Conforming amendments in section 1562 apply Part A to ERISA plans (except for sections 2716 and 2718 and others that don’t apply to group health plans), and to insurers in the individual market. […]

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12.10.09

Transparency and Disclosure: Reform Bill Provisions

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Transparency and disclosure are vital, although largely ignored, issues in health care reform. Health care is the most expensive thing that we as a nation consume, and one of the most dangerous. We spend over 17% of our national income on health care. Far more Americans die each year from medical errors than from auto […]

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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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12.08.09

Piloting Delivery Reforms: An Interview with Kenneth E. Thorpe

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Kenneth E. Thorpe is chair of the Department of Health Policy and Management at Emory University’s Rollins School of Public Health. The O’Neill Institute’s Lester Feder spoke with him on November 17th about delivery system reforms. Lester Feder: Let me get your general take on the reform process and where we’re headed. Kenneth Thorpe: I […]

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12.06.09

Does the VA Cost Less Than Private Health Care?

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Taking a break from law, this post is about whether the Veterans Health Administration provides care more efficiently than the private sector.  Paul Krugman and others have held the VA out as a shining example of the government’s ability to provide high quality care efficiently, as well as the private sector’s need to lower costs […]

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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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