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: senate

Deem and Pass

The latest constitutional dust-up over health care reform concerns whether the dDeem-and-pass rule proposed by Congresswoman Slaughter for passing the Senate bill though the House is constitutional. The problem, for anyone who has not been following the health care reform battle minute by minute, is that a lot of House members hate the Senate bill […]

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, […]

Martial Law

There is a great deal of nonsense flying around the internet this weekend about the country being ruled by martial law because the House Rules Committee is considering adopting the Senate bill under a special rule that deems the Senate bill adopted rather than adopting it as such. The claim is that this would violate […]

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 […]

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, […]

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 […]

Republican Reconciliation Strategy “Patently Absurd,” Former Parliamentarian Says

Around the time that I was posting my interview with former Senate Parliamentarian Robert Dove, Greg Sargent reported that Republican senators were planning to stall any attempt at passing health reform through reconciliation with a “free for all of amendments.” Citing a “senior GOP aide,” Sargent writes: He said the leadership — Senators Mitch McConnell, […]

Reconciling Reconciliation: An Interview with Robert Dove

Robert Dove served as Senate parliamentarian until 2001. The O’Neill Institute’s Lester Feder spoke with him about the reconciliation process and its implications for health reform. Robert Dove: First of all, reconciliation was never designed for something like health care. It’s the reason that it wasn’t used on the original Clinton health-care bill. It’s designed […]

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 […]

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 […]