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Full-Text Articles in Law
The Purchase Of Insurance Across State Lines In The Individual Insurance Market, Stephanie W. Kanwit
The Purchase Of Insurance Across State Lines In The Individual Insurance Market, Stephanie W. Kanwit
O'Neill Institute Papers
Proposals to allow the purchase of insurance across state lines (PASL) have gained some support in recent years. Health insurers have traditionally been allowed to sell a policy only within the state that approved and regulates that particular policy. PASL would allow insurers to sell a policy approved in one state to people residing in any state.
Any federal legislation to enact PASL in an individual insurance market would have to address two main legal considerations: 1) the McCarran-Ferguson Act, which allows the states to retain their regulatory authority over insurance, and 2) a constitutional prohibition against the commandeering of …
Risk Governance And Deliberative Democracy In Health Care, Nan D. Hunter
Risk Governance And Deliberative Democracy In Health Care, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
I argue in this article that the concept of risk-centered governance is the best theoretical paradigm for understanding health law and the health care system. Over the past 20 years, an insurance-inflected discourse has migrated from the purely financial side of the health system into the heart of traditional medicine - the doctor-patient relationship. Rather than focus on doctrinal strands, I argue that scholars should analyze the law of health care as a set of governance practices organized around managing and allocating financial, as well as clinical, risk.
Over the same period, the body of law that structures most private …