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Full-Text Articles in Law
Putting Insurance Reform In The Aca's Rear-View Mirror, William M. Sage
Putting Insurance Reform In The Aca's Rear-View Mirror, William M. Sage
Faculty Scholarship
This Commentary acknowledges and applauds efforts to understand the mechanisms of insurance reform contained in the ACA and to evaluate their success or failure. But the Commentary’s principal purpose is to examine the pros and cons of connecting insurance reform to health care and health—the pen and the french fry—and to convey the importance to the country of moving beyond insurance reform as quickly as possible. The Commentary begins by describing the potential synergies among the three health policy domains and offering reasons why the ACA sought to make simultaneous changes. It then identifies the vulnerabilities that are revealed in …
Allocating Responsibility For Health Care Decisions Under The United States Affordable Care Act, Wendy K. Mariner
Allocating Responsibility For Health Care Decisions Under The United States Affordable Care Act, Wendy K. Mariner
Faculty Scholarship
This article summarizes the major elements of the ACA's insurance reforms and how they affect responsibility for making decisions about the health care that people receive. A key example of the difficulty of allocating decision making responsibility is the effort to define a minimum benefit package for insurance plans, called essential health benefits. While the ACA should achieve its goal of near-universal access to care, it leaves in place a multiplicity of processes and decision-makers for determining individual treatment. As a result, decisions about what care is provided are likely to remain, much as they are today, divided among government …