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Health care reform requires law reform
1Washington and Lee University School of Law, Lexington, Virginia, USA. jostt@wlu.edu
Health Affairs (Project Hope)
|July 18, 2009
Summary
Health care reform requires legal changes at federal and state levels. Legislative action or agency intervention is necessary to enable innovation in health care financing and delivery.
Area of Science:
- Health Policy
- Health Law
- Healthcare Reform
Background:
- Healthcare financing and delivery reform initiatives are emerging.
- Potential reform drivers include Congress, states, and the private sector.
- Existing federal and state laws pose significant constraints on reform efforts.
Purpose of the Study:
- To analyze the legal landscape impacting health care reform.
- To identify necessary legal changes for successful health care reform.
- To explore the interplay between federal, state, and private sector roles in reform.
Main Methods:
- Analysis of existing federal and state legislation.
- Examination of legal barriers to private sector innovation in healthcare.
- Review of potential legislative and regulatory pathways for reform.
Main Results:
- Federal law restricts state reform options.
- State law limits federal reform initiatives.
- Both state and federal laws hinder private sector innovation in healthcare.
Conclusions:
- Legal reform is a prerequisite for effective health care reform.
- Congressional action can enable state-led reform.
- Federal preemption or agency action may be needed to foster private innovation.
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