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Full-Text Articles in Law
Does Small Group Health Insurance Deliver Group Benefits: An Argument In Favor Of Allowing The Small Group Market To Die, John Aloysius Cogan, Jr.
Does Small Group Health Insurance Deliver Group Benefits: An Argument In Favor Of Allowing The Small Group Market To Die, John Aloysius Cogan, Jr.
Faculty Articles and Papers
The small group health insurance market is failing. Today, fewer than one-third of small firms now offer health insurance and the number of people covered by small group insurance continues to drop. These problems invite the obvious question: What should be done about the small group market? Past scholarship on the small group market has largely focused on documenting the market's problems, evaluating the effectiveness of prior reform efforts, and proposing regulatory changes to stabilize the market. This Article takes a different approach to the small group problem by asking a previously unasked question: Does the small group market deliver …
Health Insurance Rate Review, John Aloysius Cogan, Jr.
Health Insurance Rate Review, John Aloysius Cogan, Jr.
Faculty Articles and Papers
No abstract provided.
Some Thoughts On Health Care Exchanges: Choice, Defaults, And The Unconnected, Brendan Maher
Some Thoughts On Health Care Exchanges: Choice, Defaults, And The Unconnected, Brendan Maher
Faculty Articles and Papers
One feature of the ACA that appealed to observers across the political spectrum was the creation of health insurance “exchanges.” Among other things, exchanges are intended to aid consumers in making simple and transparent choices regarding the purchase of health insurance. This Article considers how exchanges might benefit from the use of “default” options — both online and off. Given the significant number of Americans that have limited or no Internet access, offline defaults may be an attractive way to promote coverage of the “unconnected.”
Benefits Of Opt-In Federalism, The, Brendan Maher
Benefits Of Opt-In Federalism, The, Brendan Maher
Faculty Articles and Papers
The Affordable Care Act (“ACA”) is a controversial and historic statute that mandates people make insurance bargains. Unacknowledged is an innovative mechanism ACA uses to select the law that governs those bargains: opt-in federalism. Opt-in federalism – in which individuals choose between federal and state rules – is a promising theoretical means to make and choose law. This Article explains why, and concludes that the appeal of opt-in federalism is independent of ACA. Whatever the statute’s constitutional fate, future policymakers should consider opt-in federalist approaches to answer fundamental but exceedingly difficult questions of health and retirement law.
The Affordable Care Act’S Preventive Services Mandate: Breaking Down The Barriers To Nationwide Access To Preventive Services, John Aloysius Cogan, Jr.
The Affordable Care Act’S Preventive Services Mandate: Breaking Down The Barriers To Nationwide Access To Preventive Services, John Aloysius Cogan, Jr.
Faculty Articles and Papers
No abstract provided.
Readability, Contracts Of Recurring Use, And The Problem Of Ex Post Judicial Governance Of Health Insurance Polices, John Aloysius Cogan, Jr.
Readability, Contracts Of Recurring Use, And The Problem Of Ex Post Judicial Governance Of Health Insurance Polices, John Aloysius Cogan, Jr.
Faculty Articles and Papers
While the rhetoric surrounding the passage of the Patient Protection and Affordable Care Act focused on core issues such as cost, quality, and access to care, the dialog rarely acknowledged a key problem-the fact that most Americans do not understand their health insurance. Simply put, consumers do not fully grasp their health insurance coverage because the jargon found in many health insurance contracts is impenetrable to most Americans. This is disconcerting because consumer-oriented information is central to our increasingly consumer-directed health care system. Consumers are expected to make cost-effective choices among the array of health insurance plans that may be …
Causing Death For Compassionate Reasons In American Law, Richard Kay
Causing Death For Compassionate Reasons In American Law, Richard Kay
Faculty Articles and Papers
This essay, a revised version of the United States report on Euthanasia to be presented at the XVII International Congress of Comparative Law, surveys the state of the law, both decisional and statutory, on the permissibility of compassionately motivated actions to terminate human life. It deals with a range of legal categories: suicide, attempted suicide, euthanasia, assisted suicide and the termination of life-sustaining treatment. It highlights the deeply ambivalent attitudes held toward these actions in contemporary America and how this ambivalence has resulted in obscure and artificial distinctions.
A Policy Overview, Stephen Utz
., Administrative Channeling Under The Medicare Act Clarified: Illinois Council, Section 45(H), And The Application Of Congressional Intent, John Aloysius Cogan, Jr., Rodney A. Johnson
., Administrative Channeling Under The Medicare Act Clarified: Illinois Council, Section 45(H), And The Application Of Congressional Intent, John Aloysius Cogan, Jr., Rodney A. Johnson
Faculty Articles and Papers
In non-legal terms, subject matter jurisdiction is much like your American Express card. You cannot "leave home without it." This is especially true if you represent a Medicare provider or supplier and intend to sue on a Medicare claim. To be sure, your well-pleaded complaint alleges several bases for the federal district court's subject matter jurisdiction, including, but not limited to, 28 U.S.C. § 1331 (federal question jurisdiction), 28 U.S.C. § 1346 (federal defendant jurisdiction), 28 U.S.C. § 1361 (mandamus), and 5 U.S.C. § 702 (the Administrative Procedures Act). Perhaps, your complaint is brought in the context of an adversary …
Medicine And Law: Selected Recent Developments, Hillary Greene
Medicine And Law: Selected Recent Developments, Hillary Greene
Faculty Articles and Papers
The dynamic interaction of medicine and law continues to raise difficult, cutting edge challenges for practitioners, scholars, and decision makers in both fields. The process of accommodating new medical problems, techniques, and solutions within the traditional doctrines and processes of the law involved many new or developing issues during the past year. This article will consider the state of the law, as reflected in recent decisions and legislation, in two particularly important medical-legal areas: AIDS and proof of causation.