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: November 2009

Hit the Delete Key on “Bending the Cost Curve”

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 […]

Federalism and Health Reform

For academics, federalism (the enduring tension between the states and the federal government for primary in formulating and implementing policy) is an endlessly fascinating source of debate and the focal point for constitutional analysis. But federalism is far more than an academic or intellectual exercise. Which level of government takes responsibility for a given issue […]

More on the Constitutionality of the Individual Mandate

See Ruth Marcus’ op ed this morning (November 25) in the Washington Post quoting Walter Dellinger, Laurence Tribe, and Jack Balkin supporting the constitutionality of the mandate.

Senate Bill’s Interstate Commerce Findings

Here is a link to the Senate’s health care bill.  Perusing some of its 2000 pages, I came across the following, SEC. 1501 (p. 320), which should put to rest any argument that an individual mandate exceeds Congress’ powers under the Commerce Clause: Congress makes the following findings: In GENERAL.—The individual responsibility requirement provided for in […]

The Confusing Insurance Categories in the Senate Bill

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 […]

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