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Tag Archives: health

03.23.10

Atlas Shrugged—So Did Wall Street

By Peter Jacobson

The following post is one I’m afraid I’ll look back on and say, “What was I thinking?”! At a time when the right wing is in high dudgeon and many states, with Tea Party encouragement, are essentially fomenting massive civil disobedience against the health insurance reform legislation, I’m making a more positive (albeit contrarian) argument […]

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03.21.10

The Executive Order on Abortion

By Tim Jost

Article II of the Constitution states that “the executive Power shall be vested in the President of the United States of America.” It further states that the President “shall take Care that the Laws be faithfully executed.” Presidents since Washington have often issued executive orders including for example the Emancipation Proclamation, President Truman’s order desegregating […]

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03.17.10

Deem and Pass

By Tim Jost

The latest constitutional dust-up over health care reform concerns whether the dDeem-and-pass rule proposed by Congresswoman Slaughter for passing the Senate bill though the House is constitutional. The problem, for anyone who has not been following the health care reform battle minute by minute, is that a lot of House members hate the Senate bill […]

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03.16.10

Abortion in the Senate Bill

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, […]

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03.12.10

The Need for Health Care Regulatory Reform

By Peter Jacobson

The current health care regulatory system is a mess. Whatever its stated objectives, there is little evidence that it improves quality of care, provides cost-effective benefits to the public, or is a rational way of monitoring health care delivery. With the prospect of enacting significant reforms of the health insurance system and providing access for […]

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03.04.10

The House and Senate Bills on Abortion

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 […]

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02.24.10

Nullification, Round Three

By Tim Jost

The Tennessee Senate passed on February 17 its version of a nullification bill. The “Tennessee Health Freedom Act” (Senate Bill 3498) declares: (c)(1) The power to require or regulate a person’s choice in the mode of securing health care services, or to impose a penalty related thereto, is not found in the Constitution of the […]

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02.23.10

The President’s Proposal

By Tim Jost

On Monday, February 22, President Obama put forward a series of health reform proposals leading up to the February 25 bipartisan health care summit. These proposals can be found here. I describe the proposals at length at the Health Affairs blog. Of particular legal interest are the proposals provisions for health care fraud and abuse […]

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02.13.10

Who Killed Health Care Reform? The 2009-2010 Version

By Peter Jacobson

Several years ago, I wrote a satirical article called “Who Killed Managed Care: A Policy Whodunit.” I identified the usual suspects, insurers, anti-managed care advocates, physicians, attorneys, etc., and concluded that the cause of managed care’s demise was self-immolation. Sadly, since I’m a strong proponent of serious health care reform, it looks increasingly as though […]

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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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