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Why Defeating the Individual Mandate isn’t Much of a Victory for Individual Freedom

Filed in Health Law, Health Reform by on April 2, 2012 1 Comment
Why Defeating the Individual Mandate isn’t Much of a Victory for Individual Freedom
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Dear Americans: A recent poll by the Kaiser Family Foundation suggests that 51% of us believe the Affordable Care Act’s (ACA) minimum coverage requirement — its “individual mandate” — is unconstitutional. By my completely unscientific calculations, if about 41% of us like the ACA as a whole, then at least one in ten Americans likes […]

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The Individual Mandate, a Brief History — Part II, The Republican Alternative (1993-1994)

Filed in Health Reform, Proposed Legislation by on February 16, 2011 5 Comments
The Individual Mandate, a Brief History — Part II, The Republican Alternative (1993-1994)
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When President Clinton announced his “Task Force on National Health Reform” in late January, 1993, Republicans (at least initially) felt the need to offer voters a conservative counterpoint. Their primary concern was countering the “employer mandate” proposals, which the right has long opposed as a job-killer. The stakes were raised when, for various reasons, the […]

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The Individual Mandate, a Brief History — Part I, Conservative Origins

Filed in Health Reform by on February 14, 2011 6 Comments
The Individual Mandate, a Brief History — Part I, Conservative Origins
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In recent years, politicians of every stripe have eaten their words about the wisdom of requiring all Americans to possess health coverage. This hasn’t been real news since the 2007 Democratic primary debates, when candidate Obama claimed his reasons for opposing the mandate were similar to those expressed by Hillary some 15 years ago. A […]

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Medical Loss Ratios

Filed in Uncategorized by on November 9, 2010 0 Comments
Medical Loss Ratios
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Beginning January 1, 2011, the Patient Protection and Affordable Care Act (PPACA) requires all health insurance plans to spend a set percentage of their aggregate premium income on medical claims and “quality improvement expenses”–85% for large group plans, 80% for individual and small group plans.  This set aside provision is known as a “medical loss […]

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The Original Individual Mandate, Circa 1792

Filed in Health Law by on July 20, 2010 5 Comments
The Original Individual Mandate, Circa 1792
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Regardless of one’s opinion on the Patient Protection and Affordable Care Act’s constitutionality, most commentators–and no less an authority than the Congressional Budget Office–agree (or concede, as the case may be) that Congress has never required Americans to purchase a good or service from a private entity as a condition of citizenship.  But, importantly,  they […]

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