Category Archives: Legal Issues

10.31.09

“We Have Met the Enemy and He is Us.”

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Mark makes some excellent points, particularly regarding the limited benefits likely to be derived from removing health insurers’ antitrust exemption. Although health insurers are convenient targets for expressing dissatisfaction with the health care delivery system (indeed, I’ve taken my share of pot-shots), reforming health insurance markets is simply one aspect of a much more intractable […]

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10.29.09

Connector Conundrums: An Interview With Jamie Katz

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Jamie Katz is general counsel to the Massachusetts Connector. The O’Neill Institute’s Lester Feder spoke with him on October 23rd about lessons Massachusetts’ exchange offers for national health reform legislation. Lester Feder: One of the questions for federal lawmakers is how much authority they give to the exchange or exchanges. Has that been challenged in […]

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10.29.09

Do We Need More Competition Among Insurers?

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All the talk about repealing insurers’ antitrust exemption and creating a public plan to compete with them raises the question: what will more competition among health insurers really accomplish? Recall that competition among hospitals often increases rather than reduces prices. Can insurer competition work better that that, or than it does now? One key is […]

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10.27.09

Some Progress on Procedural Protections

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In my post of September 27, I raised the issue of the absence of procedural protections in the proposed health reform legislation. The Senate Finance Committee America’s Healthy Future Act shows some progress on these issues. Section 2225(e) of the bill obligates the states to require insurers who offer plans through the exchanges to provide […]

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10.24.09

More Legal Issues Raised by Health Insurance Exchange Legislation

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The following is part of a memorandum on legal and policy issues raised by health insurance exchanges, which will be presented at the O’Neill Center’s Legal Issues in Health Care Reform conference on Monday, October 26. The full paper from which it is taken is available here. In my last post, I discussed the constitutional […]

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10.23.09

Constitutional Limits on Insurance Regulation

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The following is part of a longer paper addressing legal and policy issues raised by health insurance exchanges, which will be presented at the O’Neill Center’s Legal Issues in Health Reform symposium on Monday, October 26. The health reform legislation pending in Congress would dramatically expand federal regulation of health insurance. Indeed, in most states […]

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10.22.09

The McCarran-Ferguson Act of 1945: Time to be Repealed

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For the most part, I have found the congressional debate over health insurance reform largely dispiriting and depressing. But every now and then, an event occurs that temporarily adds a bit of levity to the process. While all too infrequent, sometimes the political posturing is instructive on many levels. The release of the health insurance […]

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10.21.09

It’s The Sick, Stupid

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Ending discrimination against the sick is a central goal in health reform; all of the major bills ban health insurers from denying enrollment based on health status. But discrimination against the sick does not end once the insurance card arrives in the mail. Insurers have a menu of options for curbing the use of necessary […]

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10.20.09

More on Taxation

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The 1502 page legislative language of the Senate Finance bill became available yesterday on the Senate Finance Committee website. One of the many legal issues raised by this legislation relates to my October 8 post on the constitutionality of taxation. As you may recall, the Constitution requires that “Duties, Imposts and Excises,” generally called indirect […]

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10.20.09

Federalism and Health Reform: An Interview with Alan Weil

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Alan Weil is the executive director of the National Academy for State Health Policy. The O’Neill Institute’s Lester Feder spoke with him about federalism and health reform on October 15. Alan Weil: I’m very interested in the federalism aspect. Federalism is sort of a meta-issue, in the sense that the question of the allocation of […]

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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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