Fixing Obamacare: The Virtues of Choice, Competition and Deregulation

  title={Fixing Obamacare: The Virtues of Choice, Competition and Deregulation},
  author={Richard A. Epstein and David A. Hyman},
After a tumultuous and extended legislative process, President Obama signed the Patient Protection and Affordable Care Act (“PPACA”) on March 23, 2010. PPACA was “sold” to the public with an explicit promise that it would not interfere with existing coverage arrangements. President Obama repeatedly claimed “If you like your health plan, you can keep it,” and “if you already have health insurance, the only thing that will change for you under [my] plan is the amount of money you will spend on… 

Medicine as a Public Calling

The debate over how to tame private medical spending tends to pit advocates of government-provided insurance--a single-payer scheme--against those who would prefer to harness market forces to hold

Epstein on Health Law and Policy

  • D. Hyman
  • Medicine
    The Journal of Legal Studies
  • 2021
This article shows that Epstein’s take on all three issues flows directly from his general worldview about the superiority of private judgment and voluntary transactions compared with coercive top-down command and control schemes.

After the ACA: Freeing the Market for Health Care

It is concluded that a much less regulated system is possible, and necessary, and individual, portable, guaranteed renewable insurance can emerge, addressing the pathologies of today's insurance markets.

The Law as a ‘Catalyst and Facilitator’ for Trust in E-Health: Challenges and Opportunities

In 2012, the World Health Organization (WHO) published a report on the state of development of legal frameworks with regard to e-health. The report is based on the findings of the WHO’s Second Global

Encouraging Entrepreneurship and Innovation through Regulatory Democratization

Law and economics scholars agree that business regulations have a disproportionately negative impact on entrepreneurship and innovation. It would be a significant problem indeed if the very nature of

Cross Border Effects of State Health Technology Regulation

Certificate of Need (CON) laws, state laws requiring providers to obtain licenses before adopting health-care technology, have been controversial. The effect of CON on technology supply has not been

Entry regulation and the effect of public reporting: Evidence from Home Health Compare

It is found that home health agencies in non-CON states improved quality under public reporting significantly more than agencies in CON states, suggesting that policymakers may jointly consider information disclosure and entry regulation to achieve better quality in home health care.



Getting the Haves to Come Out Behind: Fixing the Distributive Injustices of American Health Care

This article responds to a provocative article on American health policy by Professors Clark Havighurst and Barak Richman. Havighurst & Richman argue from a market-oriented perspective that the

Decentralized Responses to Good Fortune and Bad Luck

Most forms of egalitarian theory impose on government (and through it other people) to redress the inequalities of fortune that result from bad luck. This Article takes issue with the various forms


The portability provisions have had relatively little impact on the portability of health care benefits, while the drive for accountability has resulted in an unprecedented number of civil and criminal enforcement actions.

Private Credentialing of Health Care Personnel: An Antitrust Perspective—Part One

The overall thesis is that, whereas the quality of advice given to the public about health care personnel and similar matters should not be closely regulated, neither should the supply of competing information and opinion be artificially curtailed.

Employment-Based Health Insurance: Is Health Reform a ‘Game Changer?’

This article explains how EBC became such an important part of American health policy, and evaluates the likely impact of the Patient Protection and Affordable Care Act of 2010 (“PPACA”) on EBC, concluding that PPACA is likely to have a range of unintended consequences.

Will Employers Undermine Health Care Reform by Dumping Sick Employees?

This Article argues that federal health care reform may induce employers to redesign their health plans so that low-risk employees retain employer-sponsored insurance but high- risk employees opt out of ESI in favor of insurance available on the individual market and offers several solutions, which could be implemented either by legislatures or, in some cases, by federal regulators.

Private Credentialing of Health Care Personnel: An Antitrust Perspective

A new and hitherto unexplored agenda for antitrust enforcement is set forth, one that the authors believe will increase the quantity and quality of information available to consumers and offer a fairer competitive environment to individuals and groups disadvantaged by the denial of desirable credentials.

Not-so-Ordinary Judges in Ordinary Courts: Teaching Jordan vs. Duff & Phelps

By juxtaposing at-will employment with corporate fiduciary duties, Jordan v. Duff & Phelps creates something of a classroom brain-twister. Yet the exchange between Frank Easterbrook (writing for the

Rethinking the allocation of medical malpractice risks between patients and providers.

  • G. Robinson
  • Medicine, Law
    Law and contemporary problems
  • 1986
It is suggested that a distinction might rest on the notion that custom in malpractice cases was used essentially as evidence of the parties' contractual expectations, and there is.

Insurance Expansions: Do They Hurt Those They are Designed to Help?

It is found that even when insurance benefits and access are constant, whites and those with high incomes consume more of these benefits than other people do, suggesting that privileged classes extract more health care services even when everyone pays equal premiums for equal insurance coverage.