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The Health Care Case: The Supreme Court's Decision and Its Implications

Nathaniel Persily, Gillian E. Metzger, and Trevor W. Morrison (eds)

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199301058
eISBN:
9780199344888
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301058.001.0001
Subject:
Law, Constitutional and Administrative Law

The Supreme Court’s decision in the Health Care Case, NFIB v. Sebelius, gripped the nation’s attention during the spring of 2012. Like the legislative battle leading to adoption of the Affordable ... More


Cross-Border Health Care and the Hydraulics of Health Reform

Nathan Cortez

in The Globalization of Health Care: Legal and Ethical Issues

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199917907
eISBN:
9780199332878
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199917907.003.0004
Subject:
Law, Medical Law

This chapter assesses whether cross-border health insurance plans that use foreign providers could satisfy the requirement to maintain “minimum essential coverage” under the new mandate. It examines ... More


2008 to 2010: The Baucus-Conrad Bills, the American Recovery and Reinvestment Act, and the Patient Protection and Affordable Care Act

Carol M. Ashton and Nelda P. Wray

in Comparative Effectiveness Research: Evidence, Medicine, and Policy

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199968565
eISBN:
9780199346080
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199968565.003.0009
Subject:
Public Health and Epidemiology, Public Health

The Democrats gained control of Congress in 2007, and the debates about the CHAMP Act’s comparative effectiveness provisions had occurred against the party’s mobilization to win the White House. With ... More


The Future of Healthcare Reform Remains in Federal Court

Jonathan H. Adler

in The Future of Healthcare Reform In the United States

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226254951
eISBN:
9780226255002
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226255002.003.0003
Subject:
Law, Medical Law

This chapter outlines how litigation in federal court will affect the implementation and viability of the Affordable Care Act (PPACA). The ACA's statutory language and administrative fixes complicate ... More


The Fiscal Consequences of the Affordable Care Act

Charles Blahous

in The Future of Healthcare Reform In the United States

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226254951
eISBN:
9780226255002
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226255002.003.0005
Subject:
Law, Medical Law

This chapter discusses the enactment of the Affordable Care Act (ACA) in 2010 and how it worsened the federal fiscal outlook relative to previous law. Incomplete appreciation of the scorekeeping ... More


Health Reform, Government Initiative, and the Future of American Health Care

Robert I. Field

in Mother of Invention: How the Government Created "Free-Market" Health Care

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199746750
eISBN:
9780199354528
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199746750.003.0008
Subject:
Public Health and Epidemiology, Public Health

The Affordable Care Act (ACA) culminated a century of efforts to achieve universal health coverage. They increasingly focused on market approaches, and the ACA followed this trend by relying on ... More


Health Policy Devolution and the Institutional Hydraulics of the Affordable Care Act

Theodore W. Ruger

in The Health Care Case: The Supreme Court's Decision and Its Implications

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199301058
eISBN:
9780199344888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301058.003.0021
Subject:
Law, Constitutional and Administrative Law

This chapter seeks to understand, and tentatively predict, various aspects of the structural interplay between states and the federal government in the early implementation of the ACA, by drawing on ... More


Conclusion

Adam D. Reich

in Selling Our Souls: The Commodification of Hospital Care in the United States

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691160405
eISBN:
9781400850372
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691160405.003.0010
Subject:
Sociology, Health, Illness, and Medicine

This book has examined the commodification of hospital care in the United States. It has looked at PubliCare Hospital, HolyCare Hospital, and GroupCare Hospital to highlight the contradictions ... More


The Affordable Care Act and the Constitution: Beyond National Federation of Independent Business v. Sebelius

Timothy Stoltzfus Jost

in The Health Care Case: The Supreme Court's Decision and Its Implications

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199301058
eISBN:
9780199344888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301058.003.0019
Subject:
Law, Constitutional and Administrative Law

NFIB v. Sebelius is only one of dozens of cases challenging various provisions of the ACA. This chapter analyzes other constitutional challenges to the Act, some of which have ... More


How the Government Created Private Health Insurance

Robert I. Field

in Mother of Invention: How the Government Created "Free-Market" Health Care

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199746750
eISBN:
9780199354528
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199746750.003.0006
Subject:
Public Health and Epidemiology, Public Health

Private health insurance emerged from the efforts of hospitals and physicians to devise alternative payment arrangements during the Great Depression. Two federal policiesfostered its spread during ... More


The Medicaid Program

Thomas Buchmueller, John C. Ham, and Lara D. Shore-Sheppard

in Economics of Means-Tested Transfer Programs in the United States, Volume I

Published in print:
2016
Published Online:
May 2017
ISBN:
9780226370477
eISBN:
9780226370507
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226370507.003.0002
Subject:
Economics and Finance, Public and Welfare

In both its costs and the number of its enrollees, Medicaid is the largest means-tested transfer program in the United States. It is also a fundamental part of the health care system, providing ... More


Much Ado: The Potential Impact of the Supreme Court Decision Upholding the Affordable Care Act

Robert N. Weiner

in The Health Care Case: The Supreme Court's Decision and Its Implications

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199301058
eISBN:
9780199344888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301058.003.0006
Subject:
Law, Constitutional and Administrative Law

The partisan debate that characterized the legislative process leading to the ACA’s passage was replicated in the litigation and eventually even in the various opinions delivered by the Supreme ... More


Can Federal Provider Payment Reform Produce Better, More Affordable Healthcare?

Meredith B. Rosenthal

in The Future of Healthcare Reform In the United States

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226254951
eISBN:
9780226255002
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226255002.003.0009
Subject:
Law, Medical Law

This chapter discusses whether and how payment policy can be an effective tool for improving health care delivery and whether past and present payment reforms will lead to better and more affordable ... More


African American Healthcare: Assessing Progress and Needs through Martin Luther King’s Perspective on Social Justice and Equality

Marcus L. Martin, Audrey E. Snyder, Jamela M. Martin, Taj’ullah Sky Lark, Hannah Firdyiwek, and Leslie Walker

in Dream and Legacy: Dr. Martin Luther King in the Post-Civil Rights Era

Published in print:
2017
Published Online:
May 2019
ISBN:
9781496811844
eISBN:
9781496811882
Item type:
chapter
Publisher:
University Press of Mississippi
DOI:
10.14325/mississippi/9781496811844.003.0005
Subject:
History, Political History

In Dr. King’s 1966 speech to the Medical Committee for Human Rights, he is quoted as saying “of all the forms of inequity, injustice in healthcare is the most shocking and inhumane.” Dr. King did not ... More


Introduction

Jessica M. Mulligan and Heide Castañeda

in Unequal Coverage: The Experience of Health Care Reform in the United States

Published in print:
2017
Published Online:
September 2018
ISBN:
9781479897001
eISBN:
9781479834402
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479897001.003.0001
Subject:
Anthropology, Medical Anthropology

In this chapter, Jessica M. Mulligan and Heide Castañeda provide an overview of the Affordable Care Act focused on the coverage expansions that were at the heart of the law. The authors outline the ... More


Federalism from Federal Statutes: Health Reform, Medicaid, and the Old-Fashioned Federalists’ Gamble

Abbe R. Gluck

in The Health Care Case: The Supreme Court's Decision and Its Implications

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199301058
eISBN:
9780199344888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301058.003.0017
Subject:
Law, Constitutional and Administrative Law

The most consequential component of the Supreme Court’s decision was its holding that the ACA’s Medicaid expansion exceeded Congress’s power under the Spending Clause. Nearly every major federal ... More


Introduction

Robert P. Saldin

in When Bad Policy Makes Good Politics: Running the Numbers on Health Reform

Published in print:
2017
Published Online:
March 2017
ISBN:
9780190255435
eISBN:
9780190255466
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190255435.003.0001
Subject:
Political Science, American Politics

The CLASS Act was passed as part of the Affordable Care Act, yet the Obama administration later decided not to implement it. CLASS was supposed to address America’s serious problem with long-term ... More


The Future of Healthcare Reform In the United States

Anup Malani and Michael H. Schill (eds)

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226254951
eISBN:
9780226255002
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226255002.001.0001
Subject:
Law, Medical Law

This volume is the product of a joint conference of the University of Chicago Law School and Medical School on health reform that was convened after NFIB v. Sebelius was decided. An interdisciplinary ... More


Medicaid’s Next Fifty Years: Aligning an Old Program with the New Normal

Sara Rosenbaum

in The Health Care Case: The Supreme Court's Decision and Its Implications

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199301058
eISBN:
9780199344888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301058.003.0020
Subject:
Law, Constitutional and Administrative Law

The largest of all means-tested entitlement programs and a long-term survivor of battles over spending and ideology, Medicaid was significantly transformed by the ACA. But to enable Medicaid to more ... More


Federal Powers

Kent Greenawalt

in Interpreting the Constitution

Published in print:
2015
Published Online:
October 2015
ISBN:
9780199756155
eISBN:
9780190297527
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756155.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter treats issues somewhat similar to those between the branches of the federal government, but here involving the powers of the federal government and states. Here, a basic difference ... More


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