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: insurer

“We Have Met the Enemy and He is Us.”

Mark makes some excellent points, particularly regarding the limited benefits likely to be derived from removing health insurers’ antitrust exemption. Although health insurers are convenient targets for expressing dissatisfaction with the health care delivery system (indeed, I’ve taken my share of pot-shots), reforming health insurance markets is simply one aspect of a much more intractable […]

Do We Need More Competition Among Insurers?

All the talk about repealing insurers’ antitrust exemption and creating a public plan to compete with them raises the question: what will more competition among health insurers really accomplish? Recall that competition among hospitals often increases rather than reduces prices. Can insurer competition work better that that, or than it does now? One key is […]

The McCarran-Ferguson Act of 1945: Time to be Repealed

For the most part, I have found the congressional debate over health insurance reform largely dispiriting and depressing. But every now and then, an event occurs that temporarily adds a bit of levity to the process. While all too infrequent, sometimes the political posturing is instructive on many levels. The release of the health insurance […]

More on Takings

The individual mandate is not the only provision of the proposed health care reform legislation to raise takings clause issues. All of the bills currently marked up by the jurisdictional House and Senate committees include provision for the establishment of “exchanges” (called “gateways” in the Senate Health, Education, Labor, and Pensions (HELP) Committee bill), which […]

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