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The Future of Healthcare Reform in the United States

In the years since the passage of the Patient Protection and Affordable Care Act (PPACA, or, colloquially, Obamacare), most of the discussion about it has been political. But as the politics fade and the law's many complex provisions take effect, a much more interesting question begins to emerge: How will the law affect the American health care regime in the coming years and decades?

This book brings together fourteen leading scholars from the fields of law, economics, medicine, and public health to answer that question. Taking discipline-specific views, they offer their analyses and predictions for the future of health care reform. By turns thought-provoking, counterintuitive, and even contradictory, the essays together cover the landscape of positions on the PPACA's prospects. Some see efficiency growth and moderating prices; others fear a strangling bureaucracy and spiraling costs. The result is a deeply informed, richly substantive discussion that will trouble settled positions and lay the groundwork for analysis and assessment as the law's effects begin to become clear.



352 pages | 9 halftones, 1 line drawing, 9 tables | 6 x 9 | © 2015

Law and Legal Studies: Law and Society

Reviews

"The 14 chapters cover the ACA and the law, the federal budget, healthcare delivery, and the law's impact on cost and innovation, and on the insurance industry. What is clear from the four chapters focusing on legal challenges to the ACA is that, despite much of the statute being upheld in National Federation of Independent Businesses v. Sebelius (2012), the legal challenges to the statute and its implementation are far from over. Later chapters suggest that costs are driven by the lack of coordination of care, technology, and treatments that are not likely to improve the patient's health. The volume ends with an interesting chapter by Richard A. Epstein that suggests that real health care reform comes through deregulation. Recommended."

Choice

“Extremely interesting and informative, The Future of Healthcare Reform in the United States  presents a range of intriguing perspectives on the Affordable Care Act, the health reform plan of President Obama, and on healthcare reform in general. There are many books on the topic of health reform—what distinguishes this one so wonderfully is the range of disciplines covered. The Future of Healthcare Reform is an essential overview for considering healthcare reform in general and the ACA in particular.”

Robert Field, Drexel University

“Few pieces of legislation have engendered as much controversy in recent decades as the Affordable Care Act, and Malani and Schill have brought together in one volume some excellent examples of commentaries on the ACA from across the political spectrum. This outstanding book displays many of the major issues facing U.S. policymakers as they seek to provide more Americans with basic access to affordable, high-quality health care despite fundamental ideological disagreements and substantial practical hurdles.”

Aaron Kesselheim, Brigham and Women’s Hospital/Harvard Medical School

“This excellent volume focuses on the single most important health-related law in the past forty years: the Patient Protection and Affordable Care Act (ACA). Rather than focusing narrowly on a particular topic or aspect of the ACA, however, The Future of Healthcare Reform in the United States brings together many well-respected scholars in distinct but related fields to examine a multitude of topics, including legal issues, delivery reforms, and insurance market remedies. In doing so, it illuminates multiple themes, such as the challenges of delivery reform in a fragmented health care system, the difficulties in shaping insurance markets to achieve policy goals, and the looming issue of health care costs. The book's broad focus and interdisciplinary look at health reform will help readers understand both the promise and the perils of a rapidly changing healthcare system.”

Kristin Madison, Northeastern University

“Malani and Schill have gathered together a collection of interesting, well-written chapters by excellent authors, ranging from Phillips and Hales’s descriptive, stage-setting chapter to Cochrane’s tour de force analysis.”

Mark Hall, Wake Forest University School of Law

Table of Contents

Introduction
Michael H. Schill and Anup Malani

PART 1. ACA and the Law
Chapter 1. Postmortem on NFIB v. Sebelius: Early Refl ections on the Decision That Kept the ACA Alive
Carter G. Phillips and Stephanie P. Hales
Chapter 2. Federalism, Liberty, and Risk in NFIB v. Sebelius
Aziz Z. Huq
Chapter 3. The Future of Healthcare Reform Remains in Federal Court
Jonathan H. Adler
Chapter 4. Essential Health Benefi ts and the Affordable Care Act: Law and Process
Nicholas Bagley and Helen Levy

PART 2. ACA and the Federal Budget
Chapter 5. The Fiscal Consequences of the Affordable Care Act
Charles Blahous
Chapter 6. Estimating the Impact of the Demand for Consumer-Driven Health Plans Following the 2012 Supreme Court Decision of the Constitutionality of the Patient Protection and Affordable Care Act
Stephen T. Parente

PART 3. ACA and Healthcare Delivery
Chapter 7. After the ACA: Freeing the Market for Healthcare
John H. Cochrane
Chapter 8. Obamacare and the Theory of the Firm
Einer Elhauge
Chapter 9. Can Federal Provider Payment Reform Produce Better, More Affordable Healthcare?
Meredith B. Rosenthal

PART 4. Healthcare Costs, Innovation, and ACA
Chapter 10. The Role of Technology in Expenditure Growth in Healthcare
Amitabh Chandra and Jonathan Holmes
Chapter 11. Economic Issues Associated with Incorporating Cost-Effectiveness Analysis into Public Coverage Decisions in the United States
Anupam B. Jena and Tomas J. Philipson
Chapter 12. The Complex Relationship between Healthcare Reform and Innovation
Darius Lakdawalla, Anup Malani, and Julian Reif

PART 5. ACA and Health Insurance Markets
Chapter 13. The Affordable Care Act and Commercial Health Insurance Markets: Fixing What’s Broken?
James B. Rebitzer
Chapter 14. A Cautionary Warning on Healthcare Exchanges: A Plea for Deregulation
Richard A. Epstein
List of Contributors
Index

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