Showing posts with label unconstitutional. Show all posts
Showing posts with label unconstitutional. Show all posts
Thursday, January 12, 2012
Saturday, January 16, 2010
Monday, December 21, 2009
Impermissible Ratemaking in Health-Insurance Reform: Why the Reid Bill is Unconstitutional
By Richard A. Epstein
HAT TIP: INSTAPUNDIT
...In effect, the onerous obligations under the Reid Bill would convert private health insurance companies into virtual public utilities. This action is not only a source of real anxiety but also a decision of constitutional proportions, for it systematically strips the regulated health-insurance issuers of their constitutional entitlement to earn a reasonable rate of return on the massive amounts of capital that they have already invested in building out their businesses.Read the whole thing
In order to make out this argument, let me proceed as follows. In part I, I shall give a general overview in order to place in context the system of health-care regulation that shall be operated through the State Exchanges that would be formed under the Reid Bill. In part II, I shall give a detailed analysis of some of the major provisions of the Reid Bill. In part III, I shall give a brief analysis of the economic assumptions that underlie the Reid Bill, and the way in which they are likely to lead to extensive price fixing. In part IV, I shall flesh out the constitutional implications of the above analysis. I shall then close with a brief conclusion, which recommends that the Reid Bill be scrapped...
HAT TIP: INSTAPUNDIT
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