Category Archives: Health

[Self-Promoting Post] New Op-Ed: “Trumpcare and the Successful Campaign to Punish the Poor”

Here: Ezra Rosser, Op-Ed, “Trumpcare and the Successful Campaign to Punish the Poor,” CommonDreams.org, May 5, 2017.

Article: Rights and Queues: On Distributive Contests in the Modern State

Article: Katharine G. Young, Rights and Queues: On Distributive Contests in the Modern State, 55 Colum. J. Transnt’l L. 65 (2016).

Two legal concepts have become fundamental to questions of resource allocation in the modern state: rights and queues. As rights are increasingly recognized in areas such as housing, health care, or immigration law, so too are queues used to administer access to the goods, services, or opportunities that realize such rights, especially in conditions of scarcity. This Article is the first to analyze the concept of queues (or temporal waiting lines or lists) and their ambivalent, interdependent relation with rights. After showing the conceptual tension between rights and queues, the Article argues that queues and “queue talk” present a unique challenge to rights and “rights talk.” In exploring the currency of rights and queues in both political and legal terms, the Article illustrates how participants discuss and contest the right to housing in South Africa, the right to health care in Canada, and the right to asylum in Australia. It argues that, despite its appearance in very different ideological and institutional settings, the political discourse of “queues” and especially “queue jumping” commonly invokes misleading distinctions between corruption and order, markets and bureaucracies, and governments and courts. Moreover, queue talk obscures the first-order questions on which resource allocations in housing, health care, or immigration contexts must rely. By bringing much-needed complexity to the concept of “queues,” the Article explores ways in which general principles of allocative fairness may be both open to contestation and yet supportive of basic claims of rights.

News Article: The poor ‘just don’t want health care’: Republican congressman faces backlash over comments

News Article: Kristine Phillips, The poor ‘just don’t want health care’: Republican congressman faces backlash over comments, Washington Post (Mar. 9, 2017).

Article: Private Enforcement of the Affordable Care Act: Toward an “Implied Warranty of Legality” in Health Insurance

Article: Christine H. Monahan, Private Enforcement of the Affordable Care Act: Toward an “Implied Warranty of Legality” in Health Insurance, 126 Yale L. Rev. 908 (2017).

For decades, the individual health insurance market failed to provide consumers adequate or affordable health coverage. The Affordable Care Act (ACA) sought to change this state of affairs, establishing a new Patient’s Bill of Rights and instituting other protections that require insurers to make comprehensive coverage readily accessible. However, recent reports have begun to document health plans’ violations of the ACA, such as their failure to pay consumers their required refunds or the illegal imposition of waiting periods for transplant services. Although the ACA preserves a role for states in implementing and enforcing the law, state remedies are often lacking. For instance, many state consumer protection laws do not apply to insurance, while traditional breach of contract claims only provide for recourse when a health insurance policy expressly incorporates ACA provisions. As a result, a critical gap in the law has come to light: the absence of a private right of action. This Note proposes that state courts can address this gap by finding that the sale of individual health insurance comes with an implicit and legally enforceable promise that the policy and insurer administering it are in full compliance with the ACA. In other words, this Note urges courts to establish an “implied warranty of legality” in the context of individual health insurance. Modeled on the implied warranty of habitability, this approach would correct for power imbalances within this market. It would also promote individual rights by empowering consumers to sue when they have been wronged and foster civic engagement by enabling consumers to play an active role in the enforcement of public law. The implied warranty of legality would also have redistributive effects, allowing for the costs of noncompliance to be shared more evenly across the market. Looking beyond the ACA, the implied warranty of legality should also be applied in other regulated markets with similar dynamics, or, if the ACA is scaled back or repealed, to enforce state health insurance rules that seek to protect consumers from unlawful insurer practices.

News Article: If you’re a poor person in America, Trump’s budget is not for you

News Article: Steven Mufson and Tracy Jan, If you’re a poor person in America, Trump’s budget is not for you, Washington Post (Mar. 16, 2017).

News Article: How the Rich Gain and the Poor Lose Under the Republican Health Care Plan

News Article: Haeyoun Park & Margaret Sanger-Katz, How the Rich Gain and the Poor Lose Under the Republican Health Care Plan, N.Y. Times (w/charts).

News Article: Who Wins and Who Loses Under Republicans’ Health Care Plan

News Article: Kevin Quealy & Margot Sanger-KatzWho Wins and Who Loses Under Republicans’ Health Care Plan, N.Y. Times (Mar. 8, 2017). [w/charts]

News Article:

News Article: John Bouman, What’s at Stake in the States, The Shriver Brief (Feb. 23, 2017).

News Article: Jason Chaffetz’s iPhone comment revives the ‘poverty is a choice’ argument

News Article: Philip Bump, Jason Chaffetz’s iPhone comment revives the ‘poverty is a choice’ argument, Washington Post (Mar. 7, 2017).

News Article: Federal Anti-Poverty Programs Primarily Help the GOP’s Base

News Article: Ronald Brownstein, Federal Anti-Poverty Programs Primarily Help the GOP’s Base, The Atlantic (Feb. 16, 2017).