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The Unaffordable Health Act - A Response to Professors Bagley and HorwitzDouglas A. KahnUniversity of Michigan Law School Jeffrey H. KahnFlorida State University - College of Law August 1, 2011 Michigan Law Review First Impressions, 2011 FSU College of Law, Public Law Research Paper No. 549 U of Michigan Public Law Working Paper No. 245 U of Michigan Law & Econ, Empirical Legal Studies Center Paper No. 214 Abstract: The Patient Protection and Affordable Care Act of 2010 has stirred considerable controversy. In the public debate over the program, many of its proponents defended it by focusing on what is sometimes called the “free-rider” problem. In a prior article, we contended that the free-rider problem has been greatly exaggerated and was not likely to have been a significant factor in the congressional decision to adopt the Act. In a recently published article, Professors Nicholas Bagley and Jill Horwitz responded to our article. In addition to addressing the free-rider issue, they also made a number of points in defense of the Act. In this reply, while we concentrate on responding to those items that were discussed in our prior article, we also deal with some of their other points. In addition, we raise the question of whether the cost of the Act outweighs its benefits, and whether that is especially pertinent in light of the country's current fiscal problems.
Number of Pages in PDF File: 12 Keywords: Individual Mandate, Mandate, Healthcare, Obamacare, Free Rider, Health Reform, Health Insurance JEL Classification: I00, I10, I11, I18 Accepted Paper SeriesDate posted: August 4, 2011 ; Last revised: October 14, 2011Suggested CitationContact Information
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