Abstract
This chapter provides an overview of U.S. health reform and related legal concepts. It provides a brief history of health reform proposals in the United States and assesses the resulting legal frameworks, stakeholders, and structures of those efforts as the basis for recent and ongoing health reform initiatives. The chapter then provides an overview of the Affordable Care Act (ACA). This overview touches on the law’s major tenets, including the individual mandate, insurance exchanges, consumer protections and coverage requirements, and Medicaid expansion. The chapter also explores state health reforms, such as the 2006 Massachusetts health reform law, that laid the foundation for the ACA and subsequent state reforms that build on the law. The chapter further reviews major legal challenges to the ACA, including NFIB v. Sebelius, California v. Texas, King v. Burwell, and Burwell v. Hobby Lobby.
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Notes
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“Adverse selection” refers to the concept that if insurance guaranteed to be made available whenever needed, consumers will only purchase coverage when they have health needs or if they are consistently in need of health care. This structure disrupts the insurance market by allowing healthy entrants to opt in and out of coverage, reducing the number of overall enrollees over which health care costs are distributed.
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Johansen, K. (2022). Healthcare Reform. In: Pasha, A.S. (eds) Laws of Medicine . Springer, Cham. https://doi.org/10.1007/978-3-031-08162-0_7
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