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Tag Archives: exchange

Abortion in the Senate Bill

In a document titled What’s Wrong with the Senate Health Care Bill on Abortion: A Response to Professor Jost, dated March 12, 2010, the United States Conference of Catholic Bishops respond to an earlier memorandum that I circulated demonstrating that the House and Senate bill are essentially equivalent on pro-life issues. On January 20, 2010, […]

Everything Relates to Everything Else: An Interview with Sara Rosenbaum

Sara Rosenbaum is Chair of the Department of Health Policy and Harold and Jane Hirsh Professor of Health Law and Policy. The O’Neill Institute’s Lester Feder spoke with her about the way forward after Republican Scott Brown’s election to represent Massachusetts in the US Senate. Lester Feder:  What are the options that Congress has right […]

Why Employers are Unlikely to Use the Exchanges to Purchase Insurance for their Employees

Under both the House and Senate bills, employers are permitted to purchase health insurance for their employees through the exchange. The exchange has been seen as having real potential for helping small employers. The CBO estimated that 9 million employees of small employers would get coverage through the exchange under the House bill and five […]

Confiscatory Insurance Regulation, Further Thoughts

Mark’s response to Richard Epstein’s observations on the constitutionality of the Senate bill certainly does the job, but I will add a few notes. First, although Epstein’s article is much more attentive to the actual details of the law than is much of Epstein’s writing on health care topics, he is selectively attentive, as Mark […]

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 […]

ERISA Tort Preemption and HR 3962, Take Four

In recent days, Mark Hall, Richard Johnson, and Peter Jacobson have all offered opinions as to how HR 3962, if enacted, would affect ERISA preemption of state tort claims against insurers. Let me offer a fourth opinion. First, remember that ERISA tort liability preemption is based primarily on section 502 of ERISA (29 USC 1132). […]

Reform’s Hidden Hazards? An Interview with Karen Pollitz

Karen Pollitz is a research professor at the Georgetown University Health Policy Institute. The O’Neill Institute’s Lester Feder spoke with her on November 16 about potential loopholes in reform legislation. Lester Feder: I want to start by asking what you think of the reform proposals that have emerged. Karen Pollitz: I think we’ve got a […]

ERISA Preemption Redux

In a recent post, Mark Hall raises an interesting issue regarding ERISA preemption and the proposal in HR 3962, the recently enacted House of Representatives’ health reform bill. Mark suggests that: “1) for insurance sold outside of the exchange, ERISA law and its preemption remains the same; 2) for insurance sold inside the exchange, ERISA […]

Procedural Issues in HR 3962: Rather Disappointing

In my post of September 27, I observed that the legislation then under consideration in Congress—HR 3200 (the House tri-committee bill), the Senate Health, Education, Labor, and Pensions (HELP) bill, and Baucus chairman’s mark—paid inadequate attention to important procedural issues. In my post of October 27, I noted that the Senate Finance bill had made […]

Some Progress on Procedural Protections

In my post of September 27, I raised the issue of the absence of procedural protections in the proposed health reform legislation. The Senate Finance Committee America’s Healthy Future Act shows some progress on these issues. Section 2225(e) of the bill obligates the states to require insurers who offer plans through the exchanges to provide […]