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Full-Text Articles in Law

Cooperative Federalism And Healthcare Reform: The Medicare Part D 'Clawback' Example, Elizabeth Weeks Leonard Jan 2007

Cooperative Federalism And Healthcare Reform: The Medicare Part D 'Clawback' Example, Elizabeth Weeks Leonard

Scholarly Works

This symposium article recounts recent litigation by several states over a provision of the Medicare Modernization Act Part D prescription drug benefit: The clawback, which requires states to pay the a potentially substantial portion of new federal program. I then examine the unique federalism implications of the clawback for ongoing state and federal health reform initiatives.

In spring 2006, several states petitioned the United States Supreme Court for original jurisdiction to hear a challenge to one provision of the new Medicare Part D prescription drug law. The federal government, while taking over prescription drug coverage for dually eligible beneficiaries, required ...


A Call To Move Forward: Pushing Past The Unworkable Standard That Governs Undocumented Immigrants' Access To Health Care Under Medicaid, Michael J. Mckeefery Jan 2007

A Call To Move Forward: Pushing Past The Unworkable Standard That Governs Undocumented Immigrants' Access To Health Care Under Medicaid, Michael J. Mckeefery

Journal of Health Care Law and Policy

No abstract provided.


"Medicover": A Proposal For National Health Insurance, Maxwell J. Mehlman Jan 2007

"Medicover": A Proposal For National Health Insurance, Maxwell J. Mehlman

Faculty Publications

This Article provides a description of the events leading up to the workshop, the discussion that took place, and the proposal that emerged. The proposal is intended to be a discussion document rather than a final product. It needs greater detail, a clearer sense of its costs and financing mechanisms, and input from stakeholders. Nevertheless, the workshop participants believe that Medicover may be a viable option for helping to solve the current health care crisis.