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Health Law and Policy

University of Massachusetts School of Law

University of Massachusetts Law Review

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The Aca’S 2017 State Innovation Waiver: Is Erisa A Roadblock To Meaningful Healthcare Reform?, Marea B. Tumber Jun 2015

The Aca’S 2017 State Innovation Waiver: Is Erisa A Roadblock To Meaningful Healthcare Reform?, Marea B. Tumber

University of Massachusetts Law Review

In 2017, the Affordable Care Act’s (ACA) State Innovation Waiver (§1332) will enable states to waive many of the ACA’s provisions and to develop their own creative solutions to reign in healthcare spending. The Employee Retirement Income Security Act of 1974 (ERISA) was enacted to encourage employers to sponsor benefit plans and minimize potential conflicts with existing state laws. Because of ERISA, the regulation of employee benefit plans, including health plans, falls primarily under federal jurisdiction for about 131 million people. This Note explores the ways in which ERISA presents significant roadblocks to meaningful state level healthcare reform under §1332. …


Maria’S Law: Extending Insurance Coverage For Fertility Preservation To Cancer Patients In Massachusetts, Brittany Raposa Dec 2014

Maria’S Law: Extending Insurance Coverage For Fertility Preservation To Cancer Patients In Massachusetts, Brittany Raposa

University of Massachusetts Law Review

This Note addresses the issues related to fertility preservation treatments for cancer patients in the context of insurance coverage. As cancer survival rates improve, the ability to bear children after therapy is increasingly difficult and a concern for most patients. Currently, no states have laws requiring insurance coverage for fertility preservation treatments for cancer patients. Because it is not currently covered by either private or public insurance, only those who can pay for it on their own can use fertility preservation treatments. This note proposes that Massachusetts, as having one of the most inclusive infertility health insurance mandates, should expand …