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On The Constitutionality Of Health Care Reform, Barak D. Richman 2010 Duke Law School

On The Constitutionality Of Health Care Reform, Barak D. Richman

Faculty Scholarship

This commentary describes the legal challenges to the Patient Protection and Affordable Care Act.


Insuring Understanding: The Tested Langauge Defense, Michelle Boardman 2009 George Mason University School of Law

Insuring Understanding: The Tested Langauge Defense, Michelle Boardman

Michelle Boardman

No abstract provided.


Tontines For The Invincibles, Tom Baker, Peter Siegelman 2009 university of connecticut law school

Tontines For The Invincibles, Tom Baker, Peter Siegelman

Peter Siegelman

No abstract provided.


Readability, Contracts Of Recurring Use, And The Problem Of Ex Post Judicial Governance Of Health Insurance Policies, John Aloysius Cogan Jr. 2009 University of Connecticut

Readability, Contracts Of Recurring Use, And The Problem Of Ex Post Judicial Governance Of Health Insurance Policies, John Aloysius Cogan Jr.

John Aloysius Cogan Jr.

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 ...


Managing Medical Bills On The Brink Of Bankruptcy, Melissa B. Jacoby, Mirya Holman 2009 University of North Carolina at Chapel Hill

Managing Medical Bills On The Brink Of Bankruptcy, Melissa B. Jacoby, Mirya Holman

Melissa B. Jacoby

This paper presents original empirical evidence on financial interactions between medical providers and their patients who go bankrupt. We use a nationally representative sample of people who filed for bankruptcy in 2007 to compare two popular but hotly contested methods of measuring medical burden. By applying both methods to the same filers, we find that nearly four out of five respondents had some financial obligation for medical care not covered by insurance in the two years prior to filing as measured by the survey method. The court record method paints a different picture, with only half of the cases containing ...


Consnet To Settle? A New Twist In The Tri-Partite Relationship, David F. Tavella 2009 Selected Works

Consnet To Settle? A New Twist In The Tri-Partite Relationship, David F. Tavella

David F. Tavella

CONSENT TO SETTLE? A NEW TWIST IN THE TRI-PARTITE RELATIONSHIP BY DAVID F. TAVELLA Abstract This article examines the ethical obligations of defense counsel retained by a party’s insurance company regarding settlement of a case. The article examines the traditional relationship between an insured and retained defense counsel. the article next examines some alternative theories to describe the relationship, and the duties and obligation with each theory. The article next looks at the relationship between the insurer and insured, particularly the insurer’s ability to settle a case without the insured’s consent. The article next discusses defense counsel ...


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