O’Neill Institute for National and Global Health Law O’Neill Institute for National and Global Health Law Legal Issues in Health Reform

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Tag Archives: health

Nullification, Round Three

The Tennessee Senate passed on February 17 its version of a nullification bill. The “Tennessee Health Freedom Act” (Senate Bill 3498) declares: (c)(1) The power to require or regulate a person’s choice in the mode of securing health care services, or to impose a penalty related thereto, is not found in the Constitution of the […]

The President’s Proposal

On Monday, February 22, President Obama put forward a series of health reform proposals leading up to the February 25 bipartisan health care summit. These proposals can be found here. I describe the proposals at length at the Health Affairs blog. Of particular legal interest are the proposals provisions for health care fraud and abuse […]

Who Killed Health Care Reform? The 2009-2010 Version

Several years ago, I wrote a satirical article called “Who Killed Managed Care: A Policy Whodunit.” I identified the usual suspects, insurers, anti-managed care advocates, physicians, attorneys, etc., and concluded that the cause of managed care’s demise was self-immolation. Sadly, since I’m a strong proponent of serious health care reform, it looks increasingly as though […]

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 […]

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 […]

How to Finish up Health Care Reform: There is Only One Way

The way forward for health care reform at this moment seems rather murky, indeed, one might say grim. Both the House and the Senate had adopted reform legislation prior to Christmas and the game plan going into January was to try to work out an informal agreement between House and Senate leadership that could be […]

Health Reform in Peril

As a tenured professor, it is easy to take potshots at politicians for their failure to enact health insurance reform legislation. After all, I don’t face angry voters and the need to raise copious amounts of money just to be competitive (the latter made even more treacherous after yesterday’s Supreme Court ruling on campaign finance). […]

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 […]

Talking Equity: An Interview with Brian Smedley

Brian Smedley is vice president and director of the Health Policy Institute at the Joint Center for Political and Economic Studies. The O’Neill Institute’s Lester Feder spoke with him about health reform and disparities in health-care access. Lester Feder: I wanted to start by asking you what you generally think of the health reform legislation […]