Thematic Areas

Legal Solutions in Health Reform

With generous funding from the Robert Wood Johnson Foundation, the Legal Solutions project has identified practical, workable solutions to legal issues that could pose obstacles to federal health reform. While other groups have examined numerous health-related policy, management, and economic questions, the O’Neill Institute focuses solely on the critical legal issues pertaining to health reform and a clear articulation of the range of solutions available. This project is designed to serve as a resource for elected officials and their staff, attorneys in executive and legislative branch agencies, policymakers, and other key players working on health reform.

News & Events

December 20, 2009

Legal Solutions Paper Printed in U.S. Senate Record
Mark Hall's Legal Solutions in Health Reform Paper, “The Constitutionality of Mandates To Purchase Health Insurance” Printed Into U.S. Senate Record.

October 26, 2009

Fall 2009 Symposium 9 a.m. to 1:30 p.m. - Health law scholars and policy experts will convene at the law school to analyze how particular issues of law have fared and are likely to fare in the continuing effort to enact health reform legislation. The conference will build on the “Legal Solutions” papers commissioned last year on such topics as an individual mandate to purchase insurance, insurance exchanges, and discrimination in health reform (overview available here), as well as new research on additional issues. »

September 22, 2009

Legal Solutions author, Madhu Chugh (Executive Authority), conducted an interview with Minnesota Public Radio on President Obama's authority to reform health care.

April 27, 2009

Spring 2009 Symposium »


Phase 1: Project Overview and Eight Legal Issues

The O’Neill Institute for National and Global Health Law at Georgetown University launched the Legal Solutions in Health Reform project to provide a thorough analysis of the legal issues relating to health reform, and to outline solutions to some of the most significant legal problems in the health reform debate. Rather than endorse specific policy proposals, each paper provides a concise analysis of a complex and identifies practical, workable solutions.

Project Overview and Emerging Themes | Constitutionality of Mandates to Purchase Health Insurance | Executive Authority | Health Insurance Exchanges | Insurance Discrimination on the Basis of Health Status | Privacy and Health Information Technology | Purchase of Insurance Across State Lines | Role of ERISA in Health Reform | Tax Credits for Health Insurance


Phase 2: Current Legal Themes

The Legal Solutions project received additional funding from the Robert Wood Johnson Foundation to continue analysis on emerging legal issues in the leading health reform proposals in Congress. We are tracked proposed legislation and identified three recurring potential legal issues: Constitutional Takings, Discrimination, and Delegation. When available, these papers will be posted online.

Constitutional Takings | Discrimination | Delegation