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Tag Archives: health

10.23.09

Constitutional Limits on Insurance Regulation

By Tim Jost

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The McCarran-Ferguson Act of 1945: Time to be Repealed

By Peter Jacobson

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

By Sarah Roache

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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10.16.09

Legal Issues in Health Reform Symposium

By Sara Hoverter

Please join the O’Neill Institute for our symposium, “State of the Debate: Legal Issues in Health Reform,” on October 26, 2009. “Legal Solutions in Health Reform” is a project of the O’Neill Institute for National and Global Health Law at Georgetown University and funded by the Robert Wood Johnson Foundation.  The project, an extensive analysis […]

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10.14.09

More on Takings

By Tim Jost

The individual mandate is not the only provision of the proposed health care reform legislation to raise takings clause issues. All of the bills currently marked up by the jurisdictional House and Senate committees include provision for the establishment of “exchanges” (called “gateways” in the Senate Health, Education, Labor, and Pensions (HELP) Committee bill), which […]

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10.13.09

ERISA Preemption and Health Reform: Should the Department of Justice Switch Sides?

By Peter Jacobson

In my article on ERISA preemption for the O’Neill Institute’s Legal Solutions in Health Reform, I argued that pay-or-play initiatives, such as those enacted in Maryland, San Francisco, and Massachusetts, are vulnerable to an ERISA preemption challenge.  Two Circuit Court opinions present the issue directly.  The 4th Circuit overturned the Maryland law based on ERISA […]

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10.08.09

Is it a Tax? Is it Constitutional?

By Tim Jost

By far the most controversial provision of the health care reform legislation pending in Congress from a constitutional perspective has been the individual mandate. The primary controversy has concerned the issue, which we addressed two weeks ago, of whether the commerce clause authorizes Congress to impose an individual mandate. A different constitutional issue, however, was […]

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10.06.09

Can Tort Reform Bend the Cost Curve?

By Nora Connors

On October 6, 2009, the O’Neill Institute hosted a panel on “Medical Malpractice and Health Care Costs: Can Tort Reform Bend the Curve?” to discuss the likely impact of proposed tort reforms on medical mistakes, malpractice system costs, and overall health spending, and why politicians and the press don’t always pay attention to the existing […]

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10.05.09

Professor Clark Havighurst Responds to Proposal Amending Health Insurance Antitrust Laws

By Nora Connors

Recently, Members of Congress have introduced legislation to change the antitrust laws as they relate to health insurance. (See: Modern Healthcare of September 18; free registration is required to view). Some have discussed including such legislation as part of comprehensive health reform. Clark Havighurst of Duke University Law School is the godfather of the field […]

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09.30.09

Civil War Redux

By Mark Hall

As Tim Jost well explains, the principle of Federal Supremacy is so well settled that the threat by some state governors or legislators to bar their citizens from complying with federal health care reform is overt legal defiance, or a form of civil disobedience if you will. Civil disobedience might be justified in some circumstances, […]

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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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