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Full-Text Articles in Law
Health Insurance And Federalism-In-Fact, Radha A. Pathak, Brendan S. Maher
Health Insurance And Federalism-In-Fact, Radha A. Pathak, Brendan S. Maher
Faculty Scholarship
The constitutional legitimacy of the Patient Protection and Affordable Care Act (“ACA”) received substantial attention. Less examined has been the legislation’s sub-constitutional effect on the regulatory power that states can and might exercise. Regarding a state's ability to promulgate "sickness rules," (those legal rules pertaining to the conditions or treatment an insurance policy covers) and "non-sickness" rules (those legal rules pertaining to insurance other than sickness rules), we scrutinize the ACA itself and contrast it with the other most significant statute governing private health insurance, the Employee Retirement Income Security Act of 1974 (“ERISA”). The authors would like to thank …
Some Thoughts On Health Care Exchanges: Choice, Defaults, And The Unconnected, Brendan S. Maher
Some Thoughts On Health Care Exchanges: Choice, Defaults, And The Unconnected, Brendan S. Maher
Faculty Scholarship
One feature of the ACA that appealed to observers across the political spectrum was the creation of health insurance “exchanges.” Among other things, exchanges are intended to aid consumers in making simple and transparent choices regarding the purchase of health insurance. This Article considers how exchanges might benefit from the use of “default” options — both online and off. Given the significant number of Americans that have limited or no Internet access, offline defaults may be an attractive way to promote coverage of the “unconnected.”