Boston University School of Law

JD977 Health Care Reform & the Constitution (S)

JD 977 ( A1)  T 2:10 PM-4:10 PM 
3 cr., Spring 
Professor Henninger 
No Class Website

This seminar will examine the complex web of federal and state regulations that form the center of American healthcare policy and American healthcare reform, including but not limited to the Obamacare statute's new laws and regulations. The goal for the semester will be to determine the best balance of federal and state governance and the best balance of legislative, executive, and judicial governance for healthcare policy. The first half of the course will center on the considerations that guide constitutional divisions of labor between our national and state governments (uniformity interests, political diversity, state experimentation, interstate competition, and regulatory success (among others)), and the second half of the course will center the considerations that guide constitutional divisions of labor among the three branches of the federal government (expertise, political accountability, agency capture, and individual justice (among others)). We will also discuss the role that private markets can, do, and should play in distributing scarce healthcare resources. Specific topics will include the Obamacare individual mandate and Medicaid expansion, public healthcare financing, private insurance regulation, healthcare quality controls, healthcare privacy rules, and bioethical questions like reproductive rights and the right to die. ENROLLMENT LIMIT: 18 students. RECOMMENDED COURSE: Health Law. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.**