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Articles 1 - 16 of 16
Full-Text Articles in Health Law and Policy
Brief For Catholics For Choice Et Al. As Amici Curiae Supporting Respondents, Zubik V. Burwell, Leslie C. Griffin
Brief For Catholics For Choice Et Al. As Amici Curiae Supporting Respondents, Zubik V. Burwell, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Irresponsibly Taxing Irresponsibility: The Individual Tax Penalty Under The Affordable Care Act, Francine J. Lipman, James Owens
Irresponsibly Taxing Irresponsibility: The Individual Tax Penalty Under The Affordable Care Act, Francine J. Lipman, James Owens
Scholarly Works
In recent decades, Congress has used the federal income tax system increasingly to administer and deliver social benefits. This transition is consistent with the evolution of the American welfare system into workfare over the last several decades. As more and more social welfare benefits are conditioned upon work, family composition, and means-tested by income levels, the income tax system where this data is already systematically aggregated, authenticated, and processed has become the go-to administrative agency.
Nevertheless, as the National Taxpayer Advocate Nina Olson has noted there are “substantial differences between benefits agencies and enforcement agencies in terms of culture, mindset, …
Reconciling The Premium Tax Credit: Painful Complications For Lower And Middle-Income Taxpayers, Francine J. Lipman, James E. Williamson
Reconciling The Premium Tax Credit: Painful Complications For Lower And Middle-Income Taxpayers, Francine J. Lipman, James E. Williamson
Scholarly Works
The Patient Protection and Affordable Care Act (ACA) makes available to certain middle and lower-income individuals a refundable tax credit, the Premium Tax Credit (PTC), designed to help them pay the premiums on their qualified health care plans. To achieve Congress’s goal of making health insurance affordable, the PTC is most often provided directly to an individual’s insurance provider each month in advance of actually claiming the PTC on the individual’s year-end annual tax return. Of the almost twelve million individuals who have enrolled in health insurance through the federal and state health exchanges in 2015, 85% of these individuals …
Controlling Health Care Spending: More Patient "Skin In The Game?", David Orentlicher
Controlling Health Care Spending: More Patient "Skin In The Game?", David Orentlicher
Scholarly Works
In this article, Professor Orentlicher explores the high cost of healthcare and the trend in health insurance to shift the cost of health care to patients in an attempt to influence their behavior and health decisions. He examines such strategies as reference pricing, scaled cost-sharing, and employee wellness programs.
Employer-Based Health Care Insurance: Not So Exceptional After All, David Orentlicher
Employer-Based Health Care Insurance: Not So Exceptional After All, David Orentlicher
Scholarly Works
No abstract provided.
Health Care Reform And Efforts To Encourage Healthy Behavior By Individuals, David Orentlicher
Health Care Reform And Efforts To Encourage Healthy Behavior By Individuals, David Orentlicher
Scholarly Works
No abstract provided.
The Future Of The Affordable Care Act: Protecting Economic Health More Than Physical Health?, David Orentlicher
The Future Of The Affordable Care Act: Protecting Economic Health More Than Physical Health?, David Orentlicher
Scholarly Works
No abstract provided.
Death Panels And The Rhetoric Of Rationing, Elizabeth Weeks Leonard
Death Panels And The Rhetoric Of Rationing, Elizabeth Weeks Leonard
Nevada Law Journal
No abstract provided.
Health Care Cost Containment: No Longer An Option But A Mandate, Susan Adler Channick
Health Care Cost Containment: No Longer An Option But A Mandate, Susan Adler Channick
Nevada Law Journal
No abstract provided.
Cost Control And The Affordable Care Act: Cramping Our Health Care Appetite, Barry R. Furrow
Cost Control And The Affordable Care Act: Cramping Our Health Care Appetite, Barry R. Furrow
Nevada Law Journal
No abstract provided.
Introduction: Under The Knife: Health Law, Health Care Reform, And Beyond, Stacey A. Tovino
Introduction: Under The Knife: Health Law, Health Care Reform, And Beyond, Stacey A. Tovino
Nevada Law Journal
No abstract provided.
Nfib V. Sebelius: Proportionality In The Exercise Of Congressional Power, David Orentlicher
Nfib V. Sebelius: Proportionality In The Exercise Of Congressional Power, David Orentlicher
Scholarly Works
With its opinion on the constitutionality of the Affordable Care Act (ACA), the U.S. Supreme Court sparked much discussion regarding the implications of the case for other federal statutes. In particular, scholars have debated the significance of the Court's recognition of an anticoercion limit to the Spending Clause power.
When it recognized an anticoercion limit for the ACA's Medicaid expansion, the Court left considerable uncertainty as to the parameters of that limit. This essay sketches out one valuable and very plausible interpretation of the Court's new anticoercion principle. It also indicates how this new principle can address a long-standing problem …
A Proposal For Comprehensive And Specific Essential Mental Health And Substance Use Disorder Benefits, Stacey A. Tovino
A Proposal For Comprehensive And Specific Essential Mental Health And Substance Use Disorder Benefits, Stacey A. Tovino
Scholarly Works
This Article analyzes the initial efforts of the Federal Department of Health and Human Services to implement the essential mental health and substance use disorder services benefit required by section 1302(b)(1)(E) of the Affordable Care Act and proposes the adoption of a comprehensive and specific essential mental health and substance use disorder benefit set. At a minimum, the benefit set should cover medically necessary and evidence-based inpatient and outpatient mental healthcare services, inpatient substance abuse detoxification services, inpatient and outpatient substance abuse rehabilitation services, emergency mental healthcare services, prescription drugs for mental health conditions, participation in psychiatric disease management programs, …
Rights To Health Care In The United States: Inherently Unstable, David Orentlicher
Rights To Health Care In The United States: Inherently Unstable, David Orentlicher
Scholarly Works
No abstract provided.
Constitutional Challenges To The Health Care Mandate: Based In Politics, Not Law, David Orentlicher
Constitutional Challenges To The Health Care Mandate: Based In Politics, Not Law, David Orentlicher
Scholarly Works
No abstract provided.
Can Congress Make You Buy Broccoli? And Why It Doesn’T Matter, David Orentlicher
Can Congress Make You Buy Broccoli? And Why It Doesn’T Matter, David Orentlicher
Scholarly Works
No abstract provided.