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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Tag Archives: exchanges

Are The Attorneys General’s Constitutional Claims Bogus?

Immediately after passage of health care reform, over a dozen state A.G.s sued to declare it unconstitutional, as violating states’ rights.  The Florida complaint is here, and Virginia’s here. Reminiscent of southern governors in the 1960s blocking their state universities’ gates, these legal officers in effect are saying “not on our sovereign soil.”  Since the […]

The House and Senate Bills on Abortion

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 […]

Enact the Senate Bill, but Demand National Health Care Reform Implementation

One of the most important differences between the current House and Senate health reform bills is their approaches to the enforcement of the insurance reform provisions of the bill and to implementation of the health insurance exchanges. Briefly, the House bill would create a new federal agency, the Health Choices Administration, to enforce the insurance […]

Connector Conundrums: An Interview With Jamie Katz

Jamie Katz is general counsel to the Massachusetts Connector. The O’Neill Institute’s Lester Feder spoke with him on October 23rd about lessons Massachusetts’ exchange offers for national health reform legislation. Lester Feder: One of the questions for federal lawmakers is how much authority they give to the exchange or exchanges. Has that been challenged in […]

More Legal Issues Raised by Health Insurance Exchange Legislation

The following is part of a memorandum on legal and policy issues raised by health insurance exchanges, which will be presented at the O’Neill Center’s Legal Issues in Health Care Reform conference on Monday, October 26. The full paper from which it is taken is available here. In my last post, I discussed the constitutional […]

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