Law Commons^™

Some Thoughts On Health Care Exchanges: Choices, Defaults, And The Unconnected, Brendan S. Maher

Brendan Maher

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.”

The Benefits Of Opt-In Federalism, Brendan Maher

Brendan Maher

The Affordable Care Act (“ACA”) is a historic and controversial statute that mandates people make insurance bargains. Unacknowledged is an innovative mechanism ACA uses to select the law that governs those bargains: opt-in federalism.

Opt-in federalism -- in which individuals choose between federal and state rules -- is a promising theoretical means to make and choose law. This Article explains why, and concludes that the appeal of opt-in federalism is independent of ACA. Whatever the statute’s constitutional fate, future policymakers should consider opt-in federalist approaches to answer fundamental but exceedingly difficult questions of health and retirement law.

Erisa, Agency Costs, And The Future Of Health Care In The United States, Brendan Maher, John Bronsteen, Peter Stris

Brendan Maher

No abstract provided.