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2 results

Social Solidarity in Health Care, American-Style
Erin C. Fuse Brown, Matthew B. Lawrence, Elizabeth Y. McCuskey, Lindsay F. Wiley
Journal: Journal of Law, Medicine & Ethics / Volume 48 / Issue 3 / Fall 2020
Published online by Cambridge University Press: 01 January 2021, pp. 411-428
Print publication: Fall 2020
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The ACA shifted U.S. health policy from centering on principles of actuarial fairness toward social solidarity. Yet four legal fixtures of the health care system have prevented the achievement of social solidarity: federalism, fiscal pluralism, privatization, and individualism. Future reforms must confront these fixtures to realize social solidarity in health care, American-style.

ERISA Reform as Health Reform: The Case for an ERISA Preemption Waiver
Elizabeth Y. McCuskey
Journal: Journal of Law, Medicine & Ethics / Volume 48 / Issue 3 / Fall 2020
Published online by Cambridge University Press: 01 January 2021, pp. 450-461
Print publication: Fall 2020
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If federal health reforms continue to rely on employer-sponsored health care coverage, ERISA preemption reform should be part of the next steps. State-level reform has acquired greater urgency, while the justifications for preempting that source of reform has eroded. This article recommends a statutory waiver for ERISA preemption as a feasible way to adapt to these circumstances. It offers proposed statutory text for reformers inclined to pursue ERISA reform as health reform.