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The Picture Begins To Assert Itself: Rules Of Construction For Essential Health Benefits In Health Insurance Plans Subject To The Affordable Care Act, Wendy K. Mariner
The Picture Begins To Assert Itself: Rules Of Construction For Essential Health Benefits In Health Insurance Plans Subject To The Affordable Care Act, Wendy K. Mariner
Faculty Scholarship
As the ACA shifts the function of health insurance from voluntary contract to a means of financing health care, it poses some challenges to traditional doctrines for interpreting health plan provisions. This article explores whether and how the doctrine of reasonable expectations and rules of statutory interpretation might apply to Essential Health Benefits coverage. A functional approach linking the two into a doctrine of reasonable statutory expectations could move us toward developing more consistent rules of interpretation within a more realistic conception of contemporary health insurance.
Social Solidarity And Personal Responsibility In Health Reform, Wendy K. Mariner
Social Solidarity And Personal Responsibility In Health Reform, Wendy K. Mariner
Faculty Scholarship
In the United States, calls to expand access to health care, when not simply ignored, typically result in bills or legislation to reform health insurance. We are in the midst of just such a cycle today. Several states have adopted reform laws to make insurance available to most of their residents.' Presidential candidates are offering their own proposals for the nation's health care system.2 Former Treasury Secretary Paul O'Neill even declared that health care should be a right, adding that wealthier people should help pay for those who will never be able to afford their own care.' Most Americans …
Health Care, Technology And Federalism, Kevin Outterson
Health Care, Technology And Federalism, Kevin Outterson
Faculty Scholarship
The regulation of health care has traditionally been the province of the states, most often grounded in the police power. In Colonial times, this division of responsibility was a rational response to the technological level of the eighteenth century, although even in the youth of the Republic some health and safety regulation required national and international action. With the growth of distancecompression technology, the increase in mobility of goods and services, and a significant federal financial role in health care, the grip of the police power on the regulation of health care has been weakened. Discussion of the police power …
Risky Business: Setting Public Health Policy For Hiv-Infected Health Care Professionals, George J. Annas
Risky Business: Setting Public Health Policy For Hiv-Infected Health Care Professionals, George J. Annas
Faculty Scholarship
In JULY 1991, THE UNITED STATES SENATE VOTED 81 to 18 to impose a $10,000 fine and a ten-year jail sentence on any HTV-infected physicians who treated patients without disclosing their HIV status. Senator Jesse Helms, the sponsor of the measure, explained his rationale: “Let the punishment fit the crime. . . . I believe in horsewhipping. I feel that strongly about it” (Tolchin 1991). Later, Senator Helms wrote that HIV-infected physicians who practice medicine “should be treated no better than the criminal who guns down a helpless victim on the street” (Helms 1991). In his article he explained that …