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  1. Medicaid, Work, and the Courts: Reigning in HHS Overreach.Sidney D. Watson - 2018 - Journal of Law, Medicine and Ethics 46 (4):887-891.
    Work requirements are the centerpiece of HHS's Trump Administration strategy to undo the ACA expansion for low income working age adults. This article examines the June 29, 2018 trial court opinion in Stewart v. Azar which held that HHS's approval of Kentucky's Section 1115 work demonstration was “arbitrary and capricious.” The purpose of Medicaid is to provide health coverage and HHS may not ignore the loss of coverage that will result from a work requirement.
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  • The Irreplaceable Program in an Era of Uncertainty.Sara Rosenbaum & Elizabeth Taylor - 2018 - Journal of Law, Medicine and Ethics 46 (4):883-886.
    In 2017, Medicaid faced a near-death experience, the third of its 53-year history. Its survival and resilience is a testament not just to its size but to the multiple, vital roles Medicaid plays in the health care system, and its ability to adapt to emerging population health needs. It can take an existential threat to make these indispensable qualities clear.
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  • Next Steps in Health Reform: Hospitals, Medicaid Expansion, and Racial Equity.Dayna Bowen Matthew - 2018 - Journal of Law, Medicine and Ethics 46 (4):906-912.
    The confluence of racial unrest and Medicaid expansion in Virginia should inspire a national reimagining of how health care can contribute to health equity. Hospitals in particular can leverage their role as economic drivers in communities to equalize health and social outcomes for all. The urgent need for innovative opioid intervention presents a fertile proving ground for new ways that hospitals can act to reduce the impact of racial inequity. Inspired by the role hospitals played to achieve desegregation during the (...)
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  • Myths, Misperceptions, and Policy Learning: Comparing Healthcare in the United States and Canada.Gregory P. Marchildon, Capri S. Cafaro & Adalsteinn Brown - 2018 - Journal of Law, Medicine and Ethics 46 (4):833-837.
    The U.S. and Canadian health care systems are more similar than is commonly believed. This article debunks some of the powerful myths about these health care systems and opens up the discussion for greater policy learning from both sides of the border. Cross-border comparisons can yield a number of lessons from common policy challenges such as cost control, physician organization and payment, and the organization of health coverage and services for Native Americans and Indigenous Canadians.
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  • The Tortuous Journey of the Health Insurance Marketplace.Jeanne M. Lambrew - 2018 - Journal of Law, Medicine and Ethics 46 (4):862-872.
    This article examines the past, present, and future of individual market policies in the Affordable Care Act. It does so, first, by reviewing the law's goals, scope, and set of individual market policies, collectively called the Health Insurance Marketplace. The Marketplace, along with the ACA's Medicaid expansion, was designed to fill in gaps to provide all Americans with accessible, affordable coverage. Second, it reviews evidence on the law's impact to date, including changes under a new administration. Third, it discusses the (...)
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  • Public Health and Health Care: Integration, Disintegration, or Eclipse.Peter D. Jacobson & Wendy E. Parmet - 2018 - Journal of Law, Medicine and Ethics 46 (4):940-951.
    Many observers have argued that the US health care system could be more efficient, and achieve better outcomes if providers focused more on improving the community's health, not just the welfare of individual patients. The passage of the Affordable Care Act in 2010 seemed to herald the promise of such reforms, and greater integration of the health care and public systems. In this article, we reassess the quest for integration, a quest we call the “integration project.” After examining the modest (...)
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  • Cost-Sharing Reductions, Technocrat Tinkering, and Market-Based Health Policy.Allison K. Hoffman - 2018 - Journal of Law, Medicine and Ethics 46 (4):873-876.
    The Trump Administration has exposed both the durability and vulnerability of the Patient Protection and Affordable Care Act's insurance reforms. One of the Administration's first strikes at “Obamacare” was to discontinue federal government payment of cost-sharing reductions, which insurers pay to low-income enrollees on the exchanges to reduce their out-of-pocket share of medical spending. The states struck back with a clever solution that could hold insurers and enrollees harmless. This article examines this strategy and why, while impressive, it reaffirms larger (...)
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  • Getting Health Care Right.Daniel J. Hilferty - 2018 - Journal of Law, Medicine and Ethics 46 (4):829-832.
    The author, a health insurance industry leader and a prominent voice in the national reform debate, shares his perspective on attempts to transform health care over nearly a decade. He advocates for a bipartisan solution to stabilize the health insurance market in the near term, and for private sector innovation in partnership with government to create sustainable long-term change. He encourages ASLME members to continue to lend their expertise to the process of transformation.
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  • The New Health Care Merger Wave: Does the “Vertical, Good” Maxim Apply?Thomas L. Greaney - 2018 - Journal of Law, Medicine and Ethics 46 (4):918-926.
    This essay questions the wisdom of adherence to an indulgent approach to vertical integration in health care. It first critiques the bases for antitrust law's traditional tolerance of vertical integration and describes contemporary economic learning that supports more robust antitrust enforcement. It goes on to dispute arguments urging extra caution in dealing with the health care sector and concludes with several justifications for close scrutiny of vertical health sector mergers.
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  • Health Care Federalism and Next Steps in Health Reform.Abbe R. Gluck & Nicole Huberfeld - 2018 - Journal of Law, Medicine and Ethics 46 (4):841-845.
    The next steps in health reform, like all such efforts before it, will have to engage the issue of American health care federalism – the relationship between the federal and state governments in the realm of health law and policy. Since its enactment in 2010, the Patient Protection and Affordable Care Act has offered a robust example of modern federalism and revealed new complexities. This article recounts the findings of our five-year study of the federalist and nationalist features of ACA (...)
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  • The Private Insurance Market: Not Very Big and Not Insuring Much, Either.Jacqueline Fox - 2018 - Journal of Law, Medicine and Ethics 46 (4):877-882.
    Creating a single national health insurance pool is not likely to destabilize the economy by supplanting the private health insurance industry. This industry insures a relatively small percentage of the population and holds very little of the risk such insurance implies. In effect, insurance companies function as middlemen, bundling risk packages to distribute to other, larger companies and so serve a limited purpose. Were insurers to handle claims for a national pool as they do for the Medicare program, any destabilization (...)
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  • The Simple Reality of Our Complex System: The Future of Health Care.Sylvia Mathews Burwell - 2018 - Journal of Law, Medicine and Ethics 46 (4):825-828.
    The incredible complexity of the United States health care system can be connected to three simple outcomes: access, affordability, and quality. We should measure our progress against these three measures. While historic progress on access was made through implementation of the Affordable Care Act, the next area of focus for more results across all three measures is delivery system reform.
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  • Health Reform and Theories of Cost Control.Erin C. Fuse Brown - 2018 - Journal of Law, Medicine and Ethics 46 (4):846-856.
    Health care costs and affordability are critical issues to consumers. Just as we assess the coverage impacts of a health reform proposal, we should be able to evaluate how the plan will constrain health care costs: its theory of cost control. This essay provides a framework to assess health reform plans on their theories of cost control, identifying the key policy tools to constrain health care costs organized in a two-by-two matrix across the following dimensions: price vs. utilization and public (...)
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