Skip to Main Content

Category Archives: Legal Issues

01.02.10

Confiscatory Insurance Regulation: Yet Another Constitutional Attack, Rebutted

By Mark Hall

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 […]

Categories:
Thematic Areas:

12.30.09

Public Health and Health Reform: A Preliminary Scorecard

By Peter Jacobson

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 […]

Categories:
Thematic Areas:

12.28.09

Does the “Cornhusker Kickback” Unconstitutionally Preference Nebraska Seaports?

By Tim Jost

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 […]

Categories:
Thematic Areas:

12.26.09

Public Health and Health Reform: Comparing the House and Senate BIlls

By Peter Jacobson

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 […]

Categories:
Thematic Areas:

12.23.09

An Interview with Sheila Burke

By Lester Feder

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 […]

Categories:
Thematic Areas:

12.21.09

Legal Issues in the Senate Manager’s Amendment

By Tim Jost

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 […]

Categories:
Thematic Areas:

12.19.09

Health Care Reform and Qui Tam Litigation

By Tim Jost

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 […]

Categories:
Thematic Areas:

12.16.09

Public Health Provisions in the Health Reform Legislation

By Peter Jacobson

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 […]

Categories:
Thematic Areas:

12.14.09

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

By Tim Jost

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. […]

Categories:
Thematic Areas:

12.10.09

Transparency and Disclosure: Reform Bill Provisions

By Tim Jost

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 […]

Categories:
Thematic Areas:

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.

See the full disclaimer and terms of use.