Cooperation, Commandeering or Crowding Out? Federal Intervention and State Choices in Health Care Policy
Jonathan H. Adler
Case Western Reserve University School of Law; PERC - Property and Environment Research Center
March 21, 2011
Kansas Journal of Law & Pubic Policy, Vol. 20, No. 2, 2011
Case Legal Studies Research Paper No. 2011-5
The Patient Protection and Affordable Care Act (ACA) substantially alters the respective roles of the federal and state governments in health care policy. Beyond the individual mandate, the ACA presents many questions of federalism, both constitutional and policy-related. This paper, prepared for a symposium sponsored by the Kansas Journal of Law & Public Policy, addresses some of these federalism issues. After outlining some of the policy considerations for determining the proper federal and state balance in health care policy, it identifies constitutional limitations on the federal government’s ability to direct or even influence state policy choices, before discussing how federal policy decisions can influence state policy choices and potentially retard positive reform efforts at the state level.
Number of Pages in PDF File: 23
Keywords: health care, federalism, affordable care act, health care reform, cooperative federalism, conditional spending
JEL Classification: K10, K32
Date posted: March 27, 2011 ; Last revised: April 13, 2012
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