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

— This site is no longer active and is for archival purposes only. —

Tag Archives: constitutional

Deem and Pass

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 […]

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, […]

Another Shot at Fort Sumpter

The Virginia Senate passed a bill yesterday by a vote of 23 to 17, with five Democrats joining the chambers 18 Republicans, stating: “No resident of this Commonwealth, regardless of whether he has or is eligible for health insurance under any policy or program provided by and through his employer, or a plan sponsored by […]

Confiscatory Insurance Regulation: Yet Another Constitutional Attack, Rebutted

The formidable Richard Epstein has launched the latest attack on the constitutionality of health care reform.  He argues that minimum medical loss ratios coupled with tougher insurance standards are “confiscatory” rate regulation that vioate the Takings Clause or substantive due process.   As with other right-wing constitutional attacks, he suggests this conclusion is firmly based in […]

Does the “Cornhusker Kickback” Unconstitutionally Preference Nebraska Seaports?

As health care reform lurches towards enactment, yet another argument against the constitutionality of the proposed legislation has arisen, this one even more farfetched than the ones that preceded it. This argument is that the provision in the Senate bill that funds Medicaid expansion indefinitely in Nebraska with 100 percent federal money after 2016 when […]

Page optimized by WP Minify WordPress Plugin