Skip to Main Content

11.17.09

Reform’s Hidden Hazards? An Interview with Karen Pollitz

By Lester Feder

Karen Pollitz is a research professor at the Georgetown University Health Policy Institute. The O’Neill Institute’s Lester Feder spoke with her on November 16 about potential loopholes in reform legislation. Lester Feder: I want to start by asking what you think of the reform proposals that have emerged. Karen Pollitz: I think we’ve got a […]

Categories:
Thematic Areas:

11.16.09

Returning to the Articles of Confederation?

By Tim Jost

A week ago the House of Representatives adopted HR 3962, the “Affordable Health Care for America Act.” In the very near future, the Senate will begin consideration of some version of the “America’s Healthy Future Act” or the “Affordable Health Choices Act.” Although we do not know the exact language of the Senate bill, its […]

Categories:
Thematic Areas:

11.15.09

ERISA Preemption Redux

By Peter Jacobson

In a recent post, Mark Hall raises an interesting issue regarding ERISA preemption and the proposal in HR 3962, the recently enacted House of Representatives’ health reform bill. Mark suggests that: “1) for insurance sold outside of the exchange, ERISA law and its preemption remains the same; 2) for insurance sold inside the exchange, ERISA […]

Categories:
Thematic Areas:

11.10.09

What About ERISA’s Tort Liability Pre-Emption?

By Mark Hall

In addition to largely ignoring tort reform, the health reform process is ignoring the hash that Congress and courts previously have made of ERISA’s pre-emption of state tort suits against health insurers.  Readers will recall that, according to AETNA v. Davila, 542 U.S. 200 (2004), personal injuries caused by insurance claims denials cannot be adequately […]

Categories:
Thematic Areas:

11.06.09

Can Health Reform Include Malpractice Reform? Sure, But Which Reforms Can Generate Political Agreement?

By Peter Jacobson

With the exception of the ludicrous death panel accusations, it’s hard to find an area of health policy that is subject to more demagoguery than the ongoing debate about medical liability. The level of distortion and the amount of misinformation (i.e., outright falsehoods) has all but obliterated any chance for a reasoned debate. In an […]

Categories:
Thematic Areas:

11.05.09

Can Health Reform Include Malpractice Reform?

By Tim Jost

The House Republican alternative health care reform bill is now available. There is little new in it. It mainly recycles ideas like association health plans and interstate insurance sales that have been pushed for years. The bill is important, however, because it does highlight the issue of malpractice. The bill contains a familiar package of […]

Categories:
Thematic Areas:

11.03.09

The Story of Murphy: Hope or Death Knell for Health Insurance Tax Protesters?

By Mark Hall

Thinking about using tax law to enforce either an individual or employer mandate has led me down the dark paths of seldom-discussed constitutional provisions relating to excise, direct, and income taxes.  At one surprising turn, I encountered the Murphy case from the D.C. Circuit, 460 F.3d 79 (D.C. Cir. 2006), rev’d on rehearing, 493 F.3d […]

Categories:
Thematic Areas:

11.02.09

HR 3962, ERISA, HIPAA, McCarran-Ferguson, and State Law. How Does the Puzzle Fit Together?

By Tim Jost

Congress is not writing on a clean slate in enacting health care financing reform legislation. We already have, of course, massive federal health care programs: Medicare, Medicaid, and the Children’s Health Insurance Program (CHIP). Hundreds of pages of the bills Congress is considering are consumed by amendments to the statutes governing these programs. The legislation […]

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.