Discovering Innovative Solutions To the Most Pressing Health Concerns Facing The World
03.31.10
By Tim Jost
Analysis of the application of the Patient Protection and Affordable Care Act to self-insured plans must begin with section 1562 of the Act, which adds section 715 to ERISA and section 9815 to the Internal Revenue Code. These provisions state that all of the provisions of Part A of Title XXVII of the Public Health […]
03.25.10
By Lester Feder
Kara Ryan is a research analyst at the Health Policy Project of the National Council of La Raza. The O’Neill Institute’s Lester Feder spoke with her on March 22. Kara Ryan: We were excited for the House to pass the health reform bill last night. Lester Feder: Well, let me ask you about that, because […]
03.16.10
By Tim Jost
In a document titled What’s Wrong with the Senate Health Care Bill on Abortion: A Response to Professor Jost, dated March 12, 2010, the United States Conference of Catholic Bishops respond to an earlier memorandum that I circulated demonstrating that the House and Senate bill are essentially equivalent on pro-life issues. On January 20, 2010, […]
03.04.10
By Tim Jost
There are significant differences between the House and Senate bill, but the provisions governing abortion (Sec. 1303 of the Senate bill, pp. 2069-2078) are not among them. Both bills prohibit federal funding of abortions. The Senate bill, like the House bill, prohibits the use of premium affordability tax credits or cost-sharing reduction payments to pay […]
12.14.09
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. […]
12.04.09
By Tim Jost
Section 2719 of the Senate Patient Protection and Affordable Care Act, HR 3590, provides for appeals of coverage determinations and claims. This section explicitly applies to group health plans and health insurance issuers offering group or individual insurance coverage. Section 1551(a) of the bill incorporates the definitions found in 42 U.S.C. § 300gg-91, which defines […]
11.27.09
Is anyone else as sick as I am of hearing the wonky phrase ”bending the cost curve” as a proxy for why we need to enact health reform legislation? I’m all for including cost controls in whatever legislation emerges from Congress. But the primary policy goal for me remains the moral imperative of covering those […]
11.23.09
By Tim Jost
Another feature of the Senate bill that compares unfavorably with the House bill is its confusing definitions of insurance coverage. The House bill recognizes one category of private insurance, a “qualified health benefits plan,” which employers are obligated to provide and individuals to buy. This term is used throughout the bill. Only grandfathered plans are […]
11.18.09
By Tim Jost
According to the Wall Street Journal of November 18, the latest front of the health care debate is a charge that people who refuse to buy health insurance could, under the House bill, spend five years in prison. The article quotes Rep. Peter Roskam (R. Ill.) as stating “if you don’t comply with the individual […]
11.17.09
By Tim Jost
In recent days, Mark Hall, Richard Johnson, and Peter Jacobson have all offered opinions as to how HR 3962, if enacted, would affect ERISA preemption of state tort claims against insurers. Let me offer a fourth opinion. First, remember that ERISA tort liability preemption is based primarily on section 502 of ERISA (29 USC 1132). […]
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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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