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Full-Text Articles in Law
How States Can Respond To The Ahca: Using The Mccarran-Ferguson Act, David Gamage, Darien Shanske
How States Can Respond To The Ahca: Using The Mccarran-Ferguson Act, David Gamage, Darien Shanske
Articles by Maurer Faculty
No abstract provided.
Using Taxes To Support Multiple Health Insurance Risk Pools, David Gamage, Darien Shanske
Using Taxes To Support Multiple Health Insurance Risk Pools, David Gamage, Darien Shanske
Articles by Maurer Faculty
In most markets, it is considered desirable for consumers to have more choices. But health insurance regulation is different. When it comes to health insurance, giving consumers more choices can result in the market collapsing — leaving the sickest and most needy consumers without any good choices at all. To mitigate this problem, the Affordable Care Act’s Exchanges were designed around maintaining a single exchange-based risk pool. However, one problem with this approach taken by the Affordable Care Act is that the regulations designed to maintain the single exchange-based risk pool have the side effect of limiting some potentially positive …
King V. Burwell: What Does It Portend For Chevron's Domain?, Leandra Lederman, Joseph C. Dugan
King V. Burwell: What Does It Portend For Chevron's Domain?, Leandra Lederman, Joseph C. Dugan
Articles by Maurer Faculty
In King v. Burwell, the U.S. Supreme Court affirmed the Fourth Circuit’s decision, upholding regulations that extend the Premium Tax Credit (the Credit) to qualifying taxpayers who purchase health insurance on the Internet-based “Marketplace” operated by the federal Department of Health and Human Services (HHS), despite statutory language extending the subsidy to individuals who purchase through “an Exchange established by the State.” This was the second time in just three years that the Roberts Court engaged in what one critic called “linguistic acrobatics” that rescued President Obama’s signature healthcare law, the Affordable Care Act (ACA)—or, as Justice Scalia …