O’Neill Institute for National and Global Health LawO’Neill Institute for National and Global Health LawLegal Issues in Health Reform

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Monthly Archives: February 2010

Nullification, Round Three

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 […]

The President’s Proposal

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 […]

Who Killed Health Care Reform? The 2009-2010 Version

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 […]

Could Health Reform Create “A Litigation Explosion”?

Nothing apparently excites the readers of the Wall Street Journal more than a threatened “litigation explosion.” Perhaps this is because so many of their readers are lawyers. It was only a matter of time, therefore, before they published an opinion column ominously titled, “Health-Care Reform Could Create a Litigation Explosion.” (See the February 11 issue, […]

More on Nullification

I have posted several times in recent weeks on the state nullification issue. I have a Perspectives article up on the New England Journal website, posted February 10, further exploring the political as well as the legal issues raised by nullification. See http://healthcarereform.nejm.org/?p=2967&query=home

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