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Full-Text Articles in Health Law and Policy

Massachusetts Implements Municipal Health Insurance Reform, Karen Breda Dec 2012

Massachusetts Implements Municipal Health Insurance Reform, Karen Breda

Boston College Law School Faculty Papers

In July, 2011, Massachusetts enacted a municipal health insurance reform law. In Massachusetts each city and town negotiates and contracts for health benefits separately, while state employees are insured through the state Group Insurance Commission. Facing exorbitant health care costs and decreased revenues, some municipalities had resorted to laying off employees and diverting funds earmarked for public services in order to pay for health benefits. The purpose of the legislation is to provide municipalities with the tools to effectively manage escalating health care costs.


Justice For Girls: Are We Making Progress?, Francine Sherman Aug 2012

Justice For Girls: Are We Making Progress?, Francine Sherman

Boston College Law School Faculty Papers

Over the course of more than a century, structural gender bias has been a remarkably durable feature of United States juvenile justice systems. Consequently, as these systems have developed over the years, reducing gender bias and addressing girls in helpful, rather than harmful, ways has required specific and concerted efforts on the part of federal and state governments. Currently, there are a number of positive trends in juvenile justice, including policy and practice that is increasingly developmentally centered and data-driven. The question for those focused on girls in the juvenile justice system is how to ensure that girls are the ...


The Supreme Court Upholds The Individual Mandate: But Who Are We Talking About?, Mary Ann Chirba, Alice Noble Jul 2012

The Supreme Court Upholds The Individual Mandate: But Who Are We Talking About?, Mary Ann Chirba, Alice Noble

Boston College Law School Faculty Papers

From the introduction:

While the Affordable Care Act’s individual mandate survived constitutional scrutiny in NFIB v. Sebelius, a Republican president and/or changes in the House or Senate this fall could lead to its demise. As campaigns shift into high gear, the law’s opponents will undoubtedly draw on the strident and jointly authored dissent of Justices Scalia, Kennedy, Thomas, and Alito. Despite the value of robust debate, relying on the dissent may be problematic due to its misperceptions about the ACA and the realities of health care. Thus, while we considered what we were waiting for in the ...


The Supreme Court On The Affordable Care Act: What We Are Waiting For, Mary Ann Chirba, Alice Noble Jun 2012

The Supreme Court On The Affordable Care Act: What We Are Waiting For, Mary Ann Chirba, Alice Noble

Boston College Law School Faculty Papers

From the introduction:

With the U.S. Supreme Court poised to rule on the Affordable Care Act (ACA) it is worth reminding ourselves of what, exactly, we have been waiting for.

We await a judicial opinion that could deliver a decisive blow to all or part of a massive piece of legislation and the hard-fought battles that led to its enactment, or salvage the near-century-old quest for health care reform. At the same time we await an opinion that may reshape our fundamental understanding of the Court, the power of Congress, and long-standing principles of federalism.


Denial Of Health Insurance Premium Assistance To Legal Aliens Violates Equal Protection Provision Of Massachusetts Constitution, Karen Breda Jun 2012

Denial Of Health Insurance Premium Assistance To Legal Aliens Violates Equal Protection Provision Of Massachusetts Constitution, Karen Breda

Boston College Law School Faculty Papers

In 2006, the Massachusetts legislature created Commonwealth Care, a health insurance premium assistance program for low-income residents, including lawfully-residing aliens. Commonwealth Care is supported by both state and federal funds. Federal funding is provided via a Medicaid demonstration project pursuant to 42 U.S.C. §1315, so that Commonwealth Care is partially reimbursed by the federal government for payments made on behalf of individuals eligible for Medicaid. Legal aliens who have resided in the United States less than five years are ineligible for federal benefits, such as Medicaid, under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA ...


Alice Noble And Mary Ann Chirba On Severability: Life Is A Highway, Mary Ann Chirba, Alice Noble Mar 2012

Alice Noble And Mary Ann Chirba On Severability: Life Is A Highway, Mary Ann Chirba, Alice Noble

Boston College Law School Faculty Papers

Substantive analysis of the role of severability of issues in the U.S. Supreme Court's handling of the multiple and complex issues in the "Obamacare" case.


Alice Noble And Mary Ann Chirba On The Individual Mandate Argument: Beyond Uncompensated Care, Mary Ann Chirba, Alice Noble Mar 2012

Alice Noble And Mary Ann Chirba On The Individual Mandate Argument: Beyond Uncompensated Care, Mary Ann Chirba, Alice Noble

Boston College Law School Faculty Papers

From the introduction:

“Reading between the lines” of the Supreme Court arguments seems to be everyone’s favorite pastime this week. For health lawyers, these three days are heady times, a chance to revel in exquisitely crafted briefs and complex legal theories, consummately argued in a way that lifts the entire profession. Rarely has the public paid such rapt attention to legal proceedings before our nation’s highest court. Before Day 1’s transcript had time to be transformed into a hot link, pundits and experts were busily reading between the lines of the comments and questions from the bench ...