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: medicaid

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 […]

Covering the Chronically Ill: An Interview with John V. Jacobi

John V. Jacobi is Dorothea Dix Professor of Health Law and Policy at the Seton Hall University School of Law. The O’Neill Institute’s Lester Feder spoke with him about health reform and covering those with chronic illness. Lester Feder: Generally speaking, what do you think of what it is looking like we’re going to get […]

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 […]

Drug & Device Provisions in HR 3962

Kevin Outterson, Boston University Law The following is a summary of the drug & device provisions in HR 3962, as passed by the House on Saturday, Nov. 7. Winners: PhRMA; BIO; seniors in the donut hole; transparency PhRMA & BIO escape with minimal net financial costs; on balance the bill might be revenue positive for […]

Is Stupak Constitutional?

As you all know, the House passed HR 3962, the Affordable Health Care for America Act, late Saturday night, November 7, by a vote of 220 to 215. In doing so, it adopted a handful of amendments. The most important amendment was the Stupak amendment, which the House adopted by a vote of 240 to […]

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