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Full-Text Articles in Law

Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald Sep 2019

Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald

Nathan B. Oman

No abstract provided.


Why Congress Did Not Think About The Constitution When Enacting The Affordable Care Act, Neal Devins Sep 2019

Why Congress Did Not Think About The Constitution When Enacting The Affordable Care Act, Neal Devins

Neal E. Devins

No abstract provided.


Open Sesame - Anatomy Of Regulatory Regime For Foreign Investment In China’S Private Health Insurance Market, Tao Liang Jun 2012

Open Sesame - Anatomy Of Regulatory Regime For Foreign Investment In China’S Private Health Insurance Market, Tao Liang

Tao LIANG

In April 2009, Central Committee of the Communist Party of China and the State Council of the PRC promulgated the Opinions on Deepening the Reform of the Medical and Health Care System (“Opinions”), which serves as the overarching guidelines governing China’s healthcare reform. The Opinions officially redefines the commercial or private health insurance as the supplement to the basic or public health insurance program, highlighting the position of the private health insurance. Compared with the public health insurance program run and subsidized by governmental authorities, private health insurance provides coverage by commercial insurers based on insurance agreements or policies.


Will Employers Undermine Health Care Reform By Dumping Sick Employees?, Daniel Benjamin Schwarcz, Amy Monahan Aug 2010

Will Employers Undermine Health Care Reform By Dumping Sick Employees?, Daniel Benjamin Schwarcz, Amy Monahan

Daniel Benjamin Schwarcz

This Article argues that federal health care reform may induce employers to redesign their health plans to encourage high-risk employees to opt out of employer-provided coverage and instead acquire coverage on the individual market. Although largely overlooked in public policy debates, this prospect of employer dumping of high-risk employees raises serious concerns about the sustainability of health care reform. In particular, it threatens the viability of individual insurance markets and insurance exchanges by raising the prospect of adverse selection caused by the entrance of a disproportionately high-risk segment of the population. This risk, in turn, threatens to indirectly increase the …


Will Americans Embrace Single-Payer Health Insurance: The Intractable Barriers Of Inertia, Free Market, And Culture, Susan A. Channick Apr 2009

Will Americans Embrace Single-Payer Health Insurance: The Intractable Barriers Of Inertia, Free Market, And Culture, Susan A. Channick

Susan Channick

This article posits that the adoption of single-payer health insurance is effectively impossible in the United States. In spite of evidence that a single-payer system might be substantially more efficient and inexpensive than the complex, administratively-burdened multi-payer system we currently have, the probability that it will be part of health care reform is remote at best. The article identifies a number of reasons that a single-payer health insurance system cannot succeed ranging from inertia, path dependence, the expense of Medicare, the American belief in looking to the private sector for solutions to even large social problems, the fear of big …


Will Americans Embrace Single-Payer Health Insurance: The Intractable Barriers Of Inertia, Free Market, And Culture, Susan Adler Channick Apr 2009

Will Americans Embrace Single-Payer Health Insurance: The Intractable Barriers Of Inertia, Free Market, And Culture, Susan Adler Channick

Susan Channick

This article posits that the adoption of single-payer health insurance is effectively impossible in the United States. In spite of evidence that a single-payer system might be substantially more efficient and inexpensive than the complex, administratively-burdened multi-payer system we currently have, the probability that it can be part of health care reform is remote at best. The article identifies a number of reasons that a single-payer health insurance system cannot succeed ranging from inertia, path dependence, the expense of Medicare, the American belief in looking to the private sector for solutions to even large societal problems, the fear of big …